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HomeMy WebLinkAboutMN-CC-1989-06-07COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 P.M. June 7, 1989 PRESENT: Mayor Gutenberger Alderpersons (10) - Booth, Cummings, Johnson, Nichols, Hoffman, Killeen, Lytel, Peterson, Schlather, Romanowski OTHERS PRESENT: City Attorney - Nash City Clerk - Paolangeli City Controller - Cafferillo Director, Planning and Development - Van Cort Deputy Director, Planning and Development - Mazzarella Police Chief - McEwen Building Commissioner - Datz Fire Chief - Olmstead q Youth Bureau Director - Cohen Board of Public Works Commissioner - Reeves City Engineer - Gray _? PLEDGE OF ALLEGIANCE: Mayor Gutenberger led all present in the Pledge of Allegiance to the American flag. MINUTES: Corrections and Additions to the Minutes of the May 3, 1989 Common Council Meeting Alderperson Peterson requested that on page 27, the word Resolution be added at the end of the paragraph that begins 'Alderperson Peterson stated that ...' Lo", Alderperson Booth requested that on page 22, before the words 'Alderperson Nichols noted....', the words With respect to Amending Resolution #2 be added. Alderperson Booth requested that on page 17, under 14.1b(1), in the third line of the first Whereas, Route 13 be changed to Route 96. Alderperson Booth requested that on page 29, under #4 Storm drainage, the fourth line from the bottom of the paragraph, that begins with 'Necessary storm sewers....' should be a separate paragraph. Alderperson Booth requested that on page 32, under "G. City work at subdivider's expense, the second line should read his./her expense. Approval of Minutes of the May 3, 1989 Common Council Meeting with the Corrections and Additions as Noted By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Minutes of the May 3, 1989 Common Council Meeting with the corrections and additions as noted be approved. Carried Unanimously ADDITIONS TO THE AGENDA: New Business Alderperson Lytel requested the addition of Item 21.1, a short discussion on the cable casting of Council meetings. No Council member objected. Human Services Alderperson Peterson requested the addition of Item 16.3, a letter from Homes, Inc. for consideration by Common Council. No Council member objected. N New Business Alderperson Killeen requested resolution on "Housing Now!" No Council member objected. 2 June 7, 1989 the addition of Item 21.2, a Intergovernmental Relations Committee Alderperson Cummings requested the addition of Item 18.1, a resolution taking final action on the request of Charles Schlough for an extension of the agreement to transfer the City Hall Annex to him. No Council member objected. Miscellaneous and Unfinished Business Alderperson Cummings requested a discussion on the current Cystic Fibrosis Fund Raising Campaign. No Council member objected. Budget and Administration Committee Alderperson Schlather requested the addition of Item 15.17, City Controller starting salary resolution. Alderperson Schlather stated that there will be a substitute resolution with respect to Item 15.9, Center Ithaca Expansion. No Council member objected. MAYOR'S APPOINTMENTS: Board of Fire Commissioners Mayor Gutenberger requested approval of Council for the re- appointments of Gloria Howell, 120 Clover Lane and David Cornelius, 109 Farm Street, to the Board of Fire Commissioners with terms to expire June 30, 1992. Resolution By Alderperson Booth: Seconded by Alderperson Killeen RESOLVED, That this Common Council approves the re- appointments of Gloria Howell and David Cornelius to the Board of Fire Commissioners with terms to expire June 30, 1992. Carried Unanimously Affirmative Action Advisory Committee Mayor Gutenberger requested the approval of Council for the appointments of Samuel Cohen, Parmenter Road, Lodi with a term to expire 12/31/91 and James Miller, 800 Shaffer Road, Newfield with a term to expire 12/31/89 (Management Representatives) , to the Affirmative Action Advisory Committee. Resolution By Alderperson Killeen: Seconded by Alderperson Johnson RESOLVED, That this Common Council approves the appointments of Samuel Cohen with a term to expire 12/31/91 and James Miller with a term to expire 12/31/89 as Management Representatives to the Affirmative Action Advisory Committee. Carried Unanimously Community Police Board Mayor Gutenberger requested the approval of Council for the appointment of John Ware, 114 South Plain Street, to the Community Police Board, with a term to expire December 31, 1991, to replace Deborah Manning who has resigned. Resolution By Alderperson Cummings: Seconded by Alderperson Booth RESOLVED, That this Common Council approves the appointment of John Ware, to the Community Police Board, with a term to expire December 31, 1991. Carried Unanimously 3 June 7, 1989 Board of Fire Commissioners Mayor Gutenberger requested approval of Council for the appointment of Lyman E. Baker, 838 Coddington Road, to the Board of Fire Commissioners with a term to expire June 30, 1990 to replace Robert Earle who has resigned. Resolution By Alderperson Romanowski: Seconded by Alderperson Cummings RESOLVED, That this Common Council approves the appointment of Lyman E. Baker to the Board of Fire Commissioners with a term to expire June 30, 1990. Carried Unanimously Planning and Development Board Mayor Gutenberger requested approval of Council for the appointment of Moncrief Cochran, 205 Haller Boulevard, to the Planning and Development Board with a term to expire December 31, 1990 to replace Steve Jackson who has resigned. Resolution By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That this Common Council approves the appointment of Moncrief Cochran to the Planning and Development Board with a term to expire December 31, 1990. Carried Unanimously PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Strand Theatre Doug Reid, 105 Sheldon Road, addressed Council on the matter of the Strand Theatre. He referred to a handout that he had presented to each member of Council. Mr. Reid remarked that in his statement he has gone through some of the history of the (moo., Strand and he believes he has shown that there is a way that the Strand could function as a theatre. He asked that in any resolution passed by the Council concerning the sealed bid sale, some way be found to allow for the possibility, however remote it may seem, that a non - profit corporation might be able to take it over before the sale is finalized. Six Mile Creek Bikeway - Town Plans_ Jerry Hersh, 111 Cottage Place, spoke to Council regarding the Town of Ithaca's plan for the Six Mile Creek Bikeway. He re- capped some of the discussion that took place at the Town of Ithaca meeting. It appeared to him that the Town's plan was detrimental to a lot of the people that were present at that meeting and it was stated that to get the Town's plan turned around one of the things that could be done would be to go before the Common Council of the City of Ithaca. He stated that he was speaking tonight to make sure that Council knows that many people are against the Town's plan regarding the bikeway. Empire State Games David Cutting, Chairman for the Empire State Games, explained to the Council the plans for the Empire State Games which will take place August 2 - 6, 1989 in Ithaca. (4w", 2% Monies Daniel L. Rhoads, 201 West Lincoln Street, Captain of Volunteer Fire Company #1, urged the Council to pass the resolution on tonight's agenda regarding the 2% monies for the volunteer fire companies. Strand Theatre Farmers' Market Lease Paul Sayvetz, 201 Elm Street, addressed the Council on the matter of the Strand Theatre and asked Council to delay the decision on the matter of the theatre. He also stated that he thinks the Farmers' Market lease is not fair. He asked that the City allow the cost of those permanent bathrooms, which are to be affixed to the land, be deducted from the rent. 4 June 7, 1989 Strand Theatre The following persons also spoke to Council in support of saving the Strand Theatre: John Whalen - 319 Elm Street Marie Steffen - 319 Elm Street Drop -in Center Donna Veninsky, Richford, New York, Executive Director of the Drop -in Center, addressed the Council on the matter of expanding the Day Care Center at G.I.A.C. She urged Council to make sure that the Day Care component remains in the proposal that is on tonight's agenda under the Planning and Development Committee. Krys Cail, 337 DuBois Road, Vice - President Drop -in Children's Center, addressed the Council on the need for expanded spaces for low- income child care in the downtown Ithaca area. She stated that the Center is in danger of losing State funding unless some sort of timetable for when there will be a physical location that is licensable is presented. Route 96 Vote Guy Gerard, 140 College Avenue, thanked the Council for their vote on Route 96. An American Festival Sean Killeen, 111 Orchard Place, read the following statement to Council as a citizen: "For the past 6 months I have been a member of a steering committee, along with Mimi Granger of G.I.A.C. and Rev. John Taylor, former Chair of the Commons Advisory Board, and others. With much pleasure and excitement I bring you a preview of Collegetown's "American Festival" scheduled for September 17- 27, 1989. These 10 days of visiting artists and performers will depict the cultural diversity that enriches American life and is the hallmark of our community. An American Festival will be a celebration of heritage, community, and the arts with the involvement of the Youth Bureau, Southside Community Center, G.I.A.C., and the Senior Citizen Center as well as other local and regional groups. Come to Cornell's new Center for the Performing Arts for the American Festival in September in Collegetown where life is lively." Mr. Killeen handed out brochures regarding the Festival. Letter from the Northside - Cascadilla Civic Center Association re. the Science Center Alderperson Peterson read the following letter to the Council: "Dear Friends: We are enthusiastic at the prospect of the Science Center moving to the old Sewage Treatment Site in our neighborhood. If the project meets some of our goals for the neighborhood, as we believe it could, it will certainly gain our support. We will welcome it as an exciting educational resource for the Ithaca community. Chief among those goals is more green space for this area. The demographics provided on this point show that we have many elderly, children, low - income people without cars. Because we have the smallest amount of green space to population of the city's neighborhoods, we need more parks within walking distance. W_ 5 June 7, 1989 The Conservation Advisory Council has endorsed our request for park space on the old Sewage Treatment site. Additionally the neighborhood needs a buffer from Route 13's traffic and noise, low generation of traffic, and the passive recreational use of and access to Cascadilla Creek. It is vital that our planning committee be included in all negotiations that concern this site. When we read, in the Ithaca Times, that part of this small site might be used in conjunction with that of the Paolangeli Parcel, we were alarmed. An issue with such impact on our neighborhood needs to be discussed with neighborhood representatives. Our planning committee stands ready and willing to participate in the development of this site. Please notify us of the next step. We intend that our views be included." RESPONSE TO THE PUBLIC: Strand Theatre Alderperson Romanowski questioned what organization has the resources to undertake the rehabilitation of the theatre if it is �.� put on hold or not sold at public auction. He remarked that given its dilapidated condition, there is an investment of a <1 great deal of money needed. If there is no organization or individual willing to pick up this tab, is it expected that the City taxpayers will undertake a rehabilitation of this particular building and have it as a resource as a ballet or arts center. He asked that people speak to him after the meeting if they have ideas on this. Drop -in Center Alderperson Lytel stated that the resolution that is on tonight's agenda will simply establish the client committee and the City and everyone should be in favor of moving the entire process forward. Strand Theatre Alderperson Cummings urged the persons who spoke regarding the Strand Theatre, if they know of any individual or organization who would be interested in rehabilitating the theatre or if they would like additional information to please contact Kathy Evans in the Planning Department. Farmers' Market Lease Alderperson Nichols stated in response to Paul Sayvetz's remarks on the Farmers' Market Lease, that it was negotiated with all the conditions and it was mutually agreed on and he thinks that while it could be improved, it is a fair agreement. Drop -in Center Alderperson Peterson remarked that this issue will be discussed again at the Human Services Committee meeting on June 19th. Six Mile Creek Bikeways Alderperson Hoffman followed up on the statement by Dr. Hersh about the Six Mile Creek Bikeway. He stated he was also at the meeting at the Town of Ithaca and he reminded the Town Board that Common Council had passed a resolution at its last meeting asking the Town to defer final decision until the Town and City had a chance to meet and resolve some of the possible points of contention. He stated that no promises were made at that meeting, and to his knowledge the Town has not set up any meetings with the City. He would hope that either the Mayor or the Intergovernmental Relations Committee would make a formal request again to the Town that there be some discussions on this matter. Drop -in Center Alderperson Peterson remarked that this issue will be discussed again at the Human Services Committee meeting on June 19th. f) 6 June 7, 1989 REPORT OF CITY BOARDS, COMMITTEES AND COMMISSIONS: Board of Public Works Commissioner Reeves reported on the following items from the Board of Public Works: Street Light at Sunrise Road and Taylor Place - Commissioner Reeves stated that the Board received final figures and the Street Light will be installed at that location. Ithaca Transit Study - Commissioner Reeves reported that the Ithaca Transit Study has been postponed until Fall of 1989 due to scheduling problems with the people at Cornell who were to do the study. Ithaca Transit Roadeo - Commissioner Reeves reported that the Ithaca Transit Roadeo will be held on Sunday, June 11, at Cass Park and invited Council to attend. Community Gardens Water Service - Commissioner Reeves reported that she had noted in the May 3rd Council minutes that joint cooperation is required by the Budget and Administration Committee, the Board of Public Works, and the Community Gardens leadership to work out further rules and regulations regarding the water service. To date no communications has occurred between the committees so consequently there is no report available tonight. Alderperson Schlather responded that it will be put on the June Budget and Administration agenda. Proposed Curb -side Swap Day - Commissioner Reeves reported that the matter of a "curb -side swap day" has been discussed by the Committee of the Whole. The Board has come up with a list of reasons why they feel this would not be a good idea. She explained the reasons. Commissioner Reeves answered questions from Council members regarding striping of crosswalks, the blinking light at the Belle Sherman School, expanding the kinds of materials that have to be recycled, the re- bricking of Stewart Avenue and the Ithaca Transit study. Alderperson Cummings remarked that the "curb -side swap day" will be looked at by the Planning and Development Committee with input from the Board of Public Works. Youth Bureau Board Youth Bureau Director Cohen stated that this summer the City Youth Bureau is going to co- sponsor with the County Youth Bureau two community forums for all members of the City of Ithaca community. This will be part of the broader effort of the 3 -year County Youth Services Comprehensive Plan that is just beginning. The Youth Bureau Board would like to ask Council and the Mayor to co- sponsor the events. Mayor Gutenberger stated and the Council agreed that there is unanimous approval of the Council to co- sponsor the forums. COMMUNICATIONS FROM THE MAYOR: 'We the People' Mural Mayor Gutenberger stated that the painting that was commissioned by the City for the Bi- Centennial of the Constitution which we wrapped into the Centennial of the City of Ithaca is now in the hallway outside Council Chambers. Resolution By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That this Common Council expresses its appreciation and thanks to Daniel Burgevin, the artist who painted the mural and be it further 7 June 7, 1989 RESOLVED, That the Mayor be directed to send a letter of thanks to the artist. Carried Unanimously Discussion followed on the floor on the site of the mural. Update on Route 96 Mayor Gutenberger stated that in talking with the NYSDoT Regional Director Richard Simberg this week, Mr. Simberg said that he is optimistic that they will meet their reporting date of the end of June for a report to the community of what alternative is going to be recommended. BUDGET AND ADMINISTRATION COMMITTEE: *15.8 Release of 2% Money By Alderperson Schlather: Seconded by Alderperson Romanowski WHEREAS, the eight City Volunteer Fire Companies have requested k�Q the release of so- called "old" 2% monies currently held by the q) City; now, therefore, be it RESOLVED, That to the extent that same is required by existing �•� law, Common Council authorizes the Board of Fire Commissioners to release $48,000 from the so- called "old" 2% monies and distribute <1 the same in equal shares to the eight City Volunteer Fire Companies, and be it further RESOLVED, That to the extent that such authorization is not required by existing law, the Common Council nevertheless concurs in the action of the Fire Commissioners in releasing said funds at this time. Discussion followed on the floor. (61ve A vote on the resolution resulted as follows: Carried Unanimously *15.10 Sale of Strand Theatre By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That Common Council authorizes the Mayor to enter into a contract which would provide for the stipulated sale of the Strand Theatre at public auction, with the distribution of the proceeds in accordance with said provisions, and be it further RESOLVED, That a copy of said contract shall substantially be in accordance with the contract which was distributed by the City Attorney as a Draft under date of May 25, 1989, and be it further RESOLVED, That any distribution of proceeds by agreement of the parties, whereby the City would receive less than its full lien amount, would be subject to review by Common Council. Alderperson Schlather stated that at the B &A meeting, they were aware that there had been further discussion with respect to the distribution of the proceeds. The concerns were that under the proposal that was then on the table, that the contract provided for pay off of the first mortgage, then tax liens, and also some (awel money for the City Attorney to hire an Assistant Attorney to help him out in this matter. Alderperson Schlather further stated that the committee was concerned because under mortgage foreclosure laws, the tax liens would not be taking a back seat to these mortgage liens, so the committee asked that Atty. Nash reconsider. Since that time, he has, and there has been now proposed a contract which simply provides for the sale to the highest bidder at public auction by sealed bids, due by July 7, 1989. City Atty. Nash explained that the general terms of the contract are that the collection of City taxes is going to be determined at some future point, the City is not waiving any rights to I 8 June 7, 1989 collection of City taxes, but it is a complicated problem to determine the priority of federal pay back, local property taxes and mortgage lien on the property. Rather than fight about that for a year or two, it seemed prudent to sell the building first and fight about it later. City Atty. Nash stated that the hope is that $300,000 will be generated and everybody will be paid off but certainly with the minimum price of $195,000, we have to have some procedure for dealing with the deficiency. Alderperson Schlather stated that part of this agreement is that the parties agree, including the taxing authorities, that the purchaser would be buying the property free and clear. City Atty. Nash affirmed Alderperson Schlather's statement. Further discussion followed on the floor on how the Ithaca Urban Renewal Agency was involved in this matter. In response to Alderperson Nicholls question of who is making these decisions and who set the price of $195,000, Alderperson Schlather stated that the City does not own the property; it is owned by private parties. The City's interest in the property is two - pronged, one is as protectorate of the ARC grant and secondly as a taxing municipality with a tax lien on the proceeds. He remarked that that building has remained vacant for six years and over that time there has been frequent requests by Common Council to do something in terms of either protecting our interests, bringing it to sale, or whatever, instead of just letting it fall down. Alderperson Schlather further stated that Atty. Nash has finally moved the process forward to the point where the taxing authorities, the owners of the property, the ARC, and the City of Ithaca are willing to agree that the property should be sold, that thereafter the money be placed in `_ an escrow account, and that if the parties cannot agree as to the division of those monies, then the matter would be referred to a Court of competent jurisdiction. City Attorney Nash noted the ARC did prescribe these provisions for a payback of the grant at less than 100 %. In other words, if the property sold at public sale with sufficient advertisement to the highest bidder, and not enough proceeds are generated to pay back the ARC grant one hundred cents on the dollar, it will accept less than one hundred cents on the dollar and will not subject anybody to personal liability for a deficiency as long as this type of sale procedure is conducted. He further stated that ARC required the City to have an appraisal of the building before we could decide on a sale procedure. Alderperson Johnson asked for an explanation of how the Ithaca Urban Renewal Agency was involved as one of the parties in this matter. City Attorney Nash responded that the City acted on behalf of ARC and the Community Development Agency acted on behalf of the City. Planning and Development Director Van Cort explained that the Council directed the Urban Renewal Agency to act as its agent in administering the ARC grant. Alderperson Booth stated that there were several speakers this evening urging the Council to take a radically different course of action and he would like someone to state concisely why the alternatives that were suggested tonight aren't very realistic or not possible for the City to pursue. City Attorney Nash responded that over the last six years, there have been several efforts along these veins. None of them have proved fruitful and unfortunately the liabilities mount and the J 1) 9 June 7, 1989 condition of the building deteriorates. Staff has spent a tremendous amount of time over those six years working with people who had ideas for doing things. ARC, the City, and the owners are convinced that it just does not make sense to follow those efforts any further. Further discussion followed on the floor. _(400,1 A vote on the resolution resulted as follows: Ayes (6) - Schlather, Romanowski, Lytel, Cummings, Booth, Killeen Nays (4) - Nichols, Johnson, Hoffman, Peterson Carried PLANNING AND DEVELOPMENT COMMITTEE: *17.4 Ithaca Farmers' Market Lease Agreement 0J By Alderperson Cummings: Seconded by Alderperson Killeen WHEREAS, Common Council has reviewed the terms of the proposed long term lease agreement with the Ithaca Farmers' Market for 0.6 occupation of the Steamboat Landing site at Third Street, and W� WHEREAS, pursuant to section 3.9 of the Ithaca City Charter, the F appropriate public notice of this proposed lease has been published, and WHEREAS, the tax assessor of Tompkins County has determined that the subject parcel will remain wholly exempt from taxation during the period of its use by the Farmers' Market; now, therefore, be it RESOLVED, That Common Council does authorize the long term lease dated June 10, 1989, of approximately 5.8 acres at the Steamboat (moo" Landing site to the Ithaca Farmers' Market, in accordance with the approved terms and conditions, for sale of farm produce and home - manufactured items ,which are made or grown by its members within a 30 -mile radius of the City of Ithaca, and be it further RESOLVED, That the Mayor be and hereby is authorized to execute said lease agreement upon advice of the City Attorney. Alderperson Schlather asked that the record reflect that he opposes the lease. He thinks the terms are too generous in terms of the Farmers' Market; that they are too frivolous in terms of the needs of the community and future generations. He stated that we are talking about a 20 -year lease at giveaway rates and he is opposed to that. Further discussion followed on the floor regarding the lease. A vote on the resolution resulted as follows: Ayes (8) - Lytel, Cummings, Nichols, Johnson, Booth, Killeen, Hoffman, Peterson Nays (2) - Schlather, Romanowski Carried * 17.5 GIAC Pool - Capital Proiect By Alderperson Cummings: Seconded by Alderperson Killeen WHEREAS, there is a need to replace the existing mini pool to continue to provide a safe facility for swimming within walking distance of Northside, Southside and other downtown neighborhoods, and WHEREAS, the Common Council has recognized that need and allocated $22,500, or 50 of the estimated project cost, in the 1988 capital project budget to begin implementing the proposal to construct a new pool, and 10 10 June 7, 1989 WHEREAS, steps for implementation, were developed during a meeting held on April 3, 1989 between representatives of the Department of Planning and Development, the Department of Public Works, GIAC, and the Youth Bureau and are described in the memorandum dated April 13, 1989; now, therefore, be it RESOLVED, That the Common Council authorize the formation of a Client Committee which will include representatives of the Department of Planning and Development, the Youth Bureau, GIAC, Engineering and /or the Department of Public Works, as well as a member from each: the Common Council, the GIAC Board, and the Planning and Development Board to act as the city's representative, making recommendations to the Common Council and the Board of Public Works as appropriate, and be it further RESOLVED, That said Client Committee is authorized and directed to issue requests for qualifications to architectural firms and to interview and recommend the architect - consultant for the project, and be it further RESOLVED, That following approval of the consultant contract by the Common Council, the Client Committee is authorized to continue to act as the city's representative through design of the project, referring the site plan to the Planning and Development Board for advisory Site Development Plan Review, and referring approval of the final project to Common Council, and bidding and construction of the project to the Board of Public Works. Alderperson Cummings gave an explanation of the resolution and discussion followed on the floor regarding the Client Committee. Amending Resolution By Alderperson Booth: Seconded by Alderperson Hoffman RESOLVED, That the Planning and Development Board be stricken from the Client Committee. Discussion followed on the floor on the amendment. A vote on the amendment resulted as follows: Ayes (2) - Booth, Hoffman Nays (8) - Schlather, Peterson, Nichols, Romanowski, Lytel, Cummings, Johnson, Killeen Motion Fails Main Motion A vote on the Main Motion resulted as follows: Carried Unanimously * 17.6 GIAC Renovations - Capital Project By Alderperson Cummings: Seconded by Alderperson Lytel WHEREAS, there is a need to renovate the GIAC facility in order to expand programs, possibly provide expanded space for day care, improve accessibility and bring the structure into compliance with building codes, and WHEREAS, the GIAC Board still has the program scope under advisement, and WHEREAS, the City will soon be reviewing architects' qualifications for work on the GIAC pool project, and WHEREAS, some efficiencies could be realized by the committee in interviewing architects for GIAC renovations during the same sessions, and WHEREAS, no architects will be hired for the GIAC renovations without express approval by Common Council; now, therefore, be it 11 June 7, 1989 RESOLVED, That Common Council authorize the GIAC Pool Client Committee also to make a recommendation on architect selection for the GIAC renovation, and be it further RESOLVED, That the Common Council authorizes the formation of a Client Committee that will consist of staff from the Department of Planning and Development, the Youth Bureau, GIAC, Engineering and /or the Department of Public Works, as well as a member from each: the Common Council, the GIAC Board, and the Planning and �+ Development Board, to act as the city's representative, making recommendations to the Common Council and the Board of Public y. Works as appropriate, and be it further RESOLVED, That said Client Committee is authorized and directed to issue requests for qualifications to architectural firms and to interview and recommend the architect - consultant for the project, and be it further RESOLVED, That following approval of the consultant contract by the Common Council, the Client Committee is authorized to �.� continue to act as the city's representative through design of w the project, referring the Final Design to the Common Council for Lf., approval and to the Board of Public Works for bidding and construction. Carried Unanimously RECESS: Common Council recessed at 9:17 p.m. and reconvened in regular session at 9:30 p.m. CHARTER AND ORDINANCE COMMITTEE: * 14.1 A Local Law Amending Chapter 106 of the Municipal Code_ of the City of Ithaca with Respect to the Membership of the Conservation Advisory Council of the City of Ithaca By Alderperson Romanowski: Seconded by Alderperson Booth LOCAL LAW NO. OF THE YEAR 1989 CITY OF ITHACA A LOCAL LAW AMENDING CHAPTER 106 OF THE MUNICIPAL CODE OF THE CITY OF ITHACA WITH RESPECT TO THE MEMBERSHIP OF THE CONSERVATION ADVISORY COUNCIL OF THE CITY OF ITHACA. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York as follows: SECTION 1. AMENDING SUBDIVISION A OF SECTION 106.3 OF THE CITY OF ITHACA MUNICIPAL CODE. Subdivision A of Section 106.3 of the City of Ithaca Municipal Code Entitled 'Membership' is hereby amended to read as follows: S 106.3 Membership (400", A. The Commission shall consist of fifteen (15) members, of whom nine (9) shall be voting members appointed by the Mayor, subject to approval by Common Council, and the remainder shall be ex- officio members as provided herein. All members shall be appointed for full terms of two years. Persons residing within the City of Ithaca and not more than two persons residing outside the City of Ithaca who are interested in the improvement and preservation of environmental quality shall be eligible for appointment as members of the Commission. All members of the Commission shall have reached their sixteenth birthday on the day that their appointment takes effect, but not more than one voting member shall not have reached his or her eighteenth birthday. Vacancies on the Commission shall be filled in the same manner as the original appointment, except that a vacancy occurring other T 21 12 June 7, 1989 than by the expiration of the term of office shall be filled only for the remainder of the unexpired term. SECTION 2. EFFECTIVE DATE. This Local Law shall take effect immediately after filing in the Office of the Secretary of State. Discussion followed on the floor regarding the residency requirements to serve on a City Board or Committee. ` A vote on the resolution resulted as follows: Carried Unanimously * 14.2 A Local Law Amending Chapter 60 of the Municipal Code of the City of Ithaca to Enable Designated Employees of the Police Department to Enforce Parking Regulations of the Citv of Ithaca and the State of New York By Alderperson Booth: Seconded by Alderperson Johnson LOCAL LAW NO. OF THE YEAR 1989 CITY OF ITHACA A LOCAL LAW AMENDING CHAPTER 60 OF THE MUNICIPAL CODE OF THE CITY OF ITHACA TO ENABLE DESIGNATED EMPLOYEES OF THE POLICE DEPARTMENT TO ENFORCE PARKING REGULATIONS OF THE CITY OF ITHACA AND THE STATE OF NEW YORK. BE IT ENACTED by the Common Council of the City of Ithaca, New York as follows: SECTION 1. AMENDING SECTION 60.49 OF THE MUNICIPAL CODE OF THE CITY OF ITHACA. Section 60.49 entitled "Enforcement of Parking Regulations" of Chapter 60 of the Municipal Code of the City of Ithaca entitled "Traffic and Vehicles" is amended to read as follows: Section 60.49 Enforcement of Parking Regulations Employees of the Police Department of the City of Ithaca who are not Police Officers and who are duly designated by the Chief of Police as Parking Regulations Enforcement Officers shall be authorized to issue appearance tickets for violation of any provisions of Article IV of Chapter 60 of the Municipal Code of the City of Ithaca and for violation of any provisions of Article 32 of the Vehicle and Traffic Law of the State of New York. SECTION 2. EFFECTIVE DATE. This Local Law shall take effect immediately after filing in the office of the Secretary of State. Alderperson Booth gave background information on the Local Law. He stated that this Local Law means that the designated employees will deal with parking violations other that metered parking violations, such as odd -even parking, parking in front of fire hydrants, blocking a driveway, etc. Alderperson Cummings stated for the record that Police Chief McEwen's willingness and enthusiasm in taking on this new task was described to the Council as a part of his overall interest in beefing up general traffic enforcement throughout the City. She wants this Local Law to be seen as the first part of an overall increased emphasis on the traffic concerns and is pleased that the Police Department is doing this. Alderperson Romanowski remarked that he hopes that this leads to further discussion on the fines and regulations of other parking 13 June 7, 1989 problems such as driveways, hydrants, and 'No Parking' or 'No Standing' zones. The fines that are in now in effect are not reflective of all the costs of enforcement. Further discussion followed on the floor. A vote on the Local Law resulted as follows: Carried Unanimously * 14.3 An Ordinance Regulations' of the Ci City Exactions of Money By Alderperson Booth: Amending Chapter 31 Entitled 'Subdivision ty of Ithaca Municipal Code (Pertaininq to for Park Purposes) Seconded by Alderperson Nichols ORDINANCE NO. 89 B. The Board of Planning and that up to ten (10) percent proposed plat be. reserved purposes. The Board shall and location of areas prop park or recreation purposes. Development may require of the gross area of the for park or recreation approve the size, shape osed to be reserved for C. If the Board determines that a suitable park of adequate size cannot be properly located in any such plat or is otherwise not practical, the Board may then require as a condition of approval of the plat a payment to the City of Ithaca of an amount of two thousand dollars ($2,000) for each lot in the approved plat. AN ORDINANCE AMENDING CHAPTER 31 ENTITLED 'SUBDIVISION C\j REGULATIONS' OF THE CITY OF ITHACA MUNICIPAL CODE. �.� BE IT ORDAINED AND ENACTED by the Common Council of Ithaca, New York as follows: only for the following purposes: SECTION 1. That Chapter 31 entitled "Subdivision Regulations" is amended as follows: located that it will serve primarily the general neighborhood in which the plat is located. 1. That the existing section 31.48 is deleted in its entirety areas which serve primarily the general and replaced with the following: neighborhood in which the plat is located, "Section 31.48 Park and Recreation Areas are established by the Board. A. The plat shall show all areas proposed to be set aside for park or recreation areas. The plat shall (4010", show the size, character and location of such park or recreation areas, including features such as trees, rock outcrops, streams or ponds. B. The Board of Planning and that up to ten (10) percent proposed plat be. reserved purposes. The Board shall and location of areas prop park or recreation purposes. Development may require of the gross area of the for park or recreation approve the size, shape osed to be reserved for C. If the Board determines that a suitable park of adequate size cannot be properly located in any such plat or is otherwise not practical, the Board may then require as a condition of approval of the plat a payment to the City of Ithaca of an amount of two thousand dollars ($2,000) for each lot in the approved plat. Such payment shall be paid to the City of Ithaca at the time of final plat approval, and no plat shall be signed by the authorized officer of the Board until such payment is made. All such payments shall be held by the City of Ithaca in a dedicated Park and Recreation Area Improvement Fund, and shall be used only for the following purposes: 1. The acquisition of land that is suitable for a permanent park or recreation area that is so located that it will serve primarily the general neighborhood in which the plat is located. 2. The improvement of existing park or recreation areas which serve primarily the general neighborhood in which the plat is located, provided that the need for such improvements are established by the Board. 14 June 7, 1989 D. The Board of Planning and Development shall waive the requirement that either park land be reserved or that a payment be made to the City of Ithaca if either of the following conditions exists: 1. The subdivision of land does not create additional building lots; or 2. The parcel of land to into not more than provided that such wa to the same parcel of thereof, more than one period." be subdivided is divided two (2) building lots, iver shall not be applied land, or subdivided parts time in any ten (10) year SECTION 2. This ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in Section 3.11(B) of the Ithaca City Charter. Alderperson Booth gave background information on the resolution. Amending Resolution By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That the second paragraph under 1C. read as follows: "Such obligation shall be a lien against the premises, duly recorded in the City Clerk's office, and shall be paid to the City of Ithaca on a lot by lot basis no later than when a building permit is first issued for that lot. All such payments shall be held by the City of Ithaca in a dedicated Park and Recreation Area Improvement Fund, and shall be used only for the following purposes:" Alderperson Schlather explained the reason for the amendment. Further discussion followed on the floor regarding the amendment. Motion to Refer to Committee By Alderperson Booth: Seconded by Alderperson Lytel RESOLVED, That the Ordinance amending Chapter 31 entitled 'Subdivision Regulations' of the City of Ithaca Municipal Code be referred to the Planning and Development Board and the Planning and Development Committee for review and report back to Common Council. Ayes (9) - Schlather, Lytel, Cummings, Nichols, Johnson, Hoffman, Peterson, Booth, Romanowski Nay (1) - Killeen Carried Tree Ordinance - Report Alderperson Booth reported that the committee has drafted a Tree Ordinance and it has been referred to the Board of Public Works for a final review. He expects that the Board will act on it at its meeting of June 14th and it should be back to the Council for its action at the July meeting. He informed the Council that the ordinance deals with trees on public property only. BUDGET AND ADMINISTRATION COMMITTEE: * 15.1 Building Inspector III Position By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That William Kaupe be appointed to the position of Building Inspector III at an annual salary of $22,378, which is Grade 27, Step 3 on the C.S.E.A. Administrative Unit Compensation Plan, effective June 5, 1989. Carried Unanimously * 15.2 Evaluation of City Owned Property By Alderperson Schlather: Seconded by Alderperson Johnson RESOLVED, That the City enter into a contract with Charles W. Barber, in an amount not to exceed $3,000, to provide Step II of 0 'r 1i 15 June 7, 1989 a comprehensive evaluation of City owned property and its existing use, and be it further RESOLVED, That $3,000 be transferred from Account A 1990, Unrestricted Contingency, to Public Works Administration Account A1490 -430 for said purpose. Carried Unanimously * 15.3 Engineering Department Employment of Summer Students By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the City Engineer be authorized to hire two summer students under the Cornell Tradition Program to assist his staff in the performance of its extensive 1989 work program, and be it further RESOLVED, That $4,000 be transferred from line item A1440 -100 Staff Salaries, to line item A 1440 -435, Contractual Services, for the purpose of implementing said program. Carried Unanimously -n� * 15.4 Rehabilitation of Water Tanks By Alderperson Schlather: Seconded by Alderperson Booth WHEREAS, additional funds are required to award contracts for the painting of the Maple Avenue and Cliff Park Water Tanks; now, therefore, be it RESOLVED, That $40,000 be transferred from F8341 -435 Transmission and Distribution Maintenance to F8344 -475, Maintenance of Standpipes. Carried Unanimously * 15.6 Budget Amendment - GIAC Summer Program By Alderperson Schlather: Seconded by Alderperson Cummings (4000.1 WHEREAS, GIAC has received $2,500 from the Ithaca City School District, and expects to receive an additional $2,500 from Cornell University to fund a summer education program; now, therefore, be it RESOLVED, That the 1989 Budget for GIAC Programming be amended by increasing Account A7311 -445 by $1,500 and Account A7311 -460 by $3,500, contingent upon the receipt of said funds, and be it further RESOLVED, That 1989 estimated revenue be amended by increasing Account A2350 by $2,500 and Account A2705 by $2,500 respectively. Carried Unanimously Cass Park Second Ice Rink - Report Alderperson Schlather reported that the Budget and Administration Committee is negotiating with the Youth Hockey Association. The association is making a proposal whereby they would give to the City $500,000 to be applied toward the purchase of the rink. The City would build and finance the rink. The rink would cost approximately $1.1 million and the City would end up operating it under their own terms with input from the Youth Hockey Association. There should be a resolution for the Council to act on at the July meeting. * 15 .9 Center Ithaca Expansion Substitute Resolution By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That Common Council hereby authorizes the proposed expansion of retail space of Center Ithaca contingent upon 1) all approval associated with the building permit process; 2) retirement of the City's first mortgage in the land under the Green Street Garage now owned by G &M Associates (such retirement to occur before a I (), 1 16 June 7, 1989 building permit is issued for the above noted expansion); and 3) execution of a modification and acknowledgement instrument by the mortgagor in the Center Ithaca Building, Ithaca Center Associates, in a form approved by the City Attorney which clarifies the City's rights under the existing mortgages. Discussion followed on the floor. Alderperson Schlather explained that the Budget and Administration Committee looked at this from two perspectives. He stated that the committee felt that this would only serve to enhance the City's position financially in this particular project. The City will get their first mortgage paid off, which is important and in terms of the viability of the project, this would enhance the viability financially and thereby lend greater assurance that the City will eventually collect in full on our second and third mortgages which we presently hold on the site. Thus, from a fiscal standpoint and a planning standpoint the committee felt the project made sense. Further discussion followed on the floor regarding the project and the role that the Planning Board's decision - making process will have in the matter. City Attorney Nash referred to and read from the contract with the Center Ithaca Associates. Planning and Development Director Van Cort answered questions from Council members. A vote on the resolution resulted as follows: Ayes (8) - Schlather, Romanows:;i, Cummings, Johnson, Lytel, Peterson, Hoffman, Killeen Nays (2) - Booth, Nichols Carried Permanent Shelter for Homeless Persons - Report Alderperson Schlather reported that this matter was tabled at the Budget and Administration Committee. Since the committee meeting he has spoken with Stuart Stein and Alderperson Lytel has spoken with Mary Call and it is going to be considered by the County at their meeting in June and the hope is that the County will either fund the entire $3,000 or at least fund a portion of that. Discussion followed on the floor on the report. Alderperson Schlather asked Alderperson Cummings to put Resolution 17.7, Shelter for Homeless on the floor. PLANNING AND DEVELOPMENT COMMITTEE: * 17.7 Shelter for Homeless By Alderperson Cummings: Seconded by Alderperson Schlather WHEREAS, Tompkins County has primary responsibility for supplying social services to the homeless, and WHEREAS, a serious problem of homelessness now exists in the city and the County, and WHEREAS, the South Side Center has been fulfilling an important role in housing homeless people during the months of inclement weather, and WHEREAS, by this resolution the City does not intend to substitute its own resources for that of the County in providing services to the homeless; now, therefore, be it RESOLVED, That the Planning and Development Department is directed to prepare a proposal or proposals to appropriate funding agencies for money to establish a year -round permanent shelter for homeless persons living in the Ithaca area. In doing J 17 17 June 7, 1989 so the department shall work in cooperation with Tompkins County and other involved agencies, and be it further RESOLVED, That funds up to $3,000 be taken from unrestricted contingency and added to the 1989 Planning Department budget for this purpose. Discussion followed on the floor. Alderperson Schlather remarked that when this was presented to the Budget and Administration Committee the details were sketchy and the County had not been approached. The County has now been approached and has indicated a serious interest in participating and perhaps paying this entire cost which mitigates against action tonight. Alderperson Lytel argued that time is running out and we must get started on solving this problem without further delayy. Work that hathio Evans is doing is investigatory_ work leadinU to a cos ible apI)li_cation to the State Tabling Motion for money for a ne« shelter. 'I'lle 3,000 does not buy the City a t_ ,t com�letecl ap lication, addecl at the 7/5/89 meeting) (11 By Alderperson Schlather: econded by Alderperson Hoffman RESOLVED, That the resolution regarding Shelter for Homeless Persons be tabled. �j Ayes (3) - Schlather, Hoffman, Romanowski �-4 Nays (7) - Cummings, Peterson, Nichols, Lytel, Johnson, Killeen, Booth Motion Fails Main Motion Further discussion followed on the floor on the Main Motion. A vote on the Main Motion resulted as follows: (�Iwoe Ayes (8) - Lytel, Cummings, Nichols, Johnson, Booth, Killeen, Peterson, Hoffman Nays (2) - Schlather, Romanowski Carried BUDGET AND ADMINISTRATION COMMITTEE: * 15.12 Funding for United Arts Fund By Alderperson Schlather: Seconded by Alderperson Johnson RESOLVED, That $5,000 originally budgeted as a contribution to the Tompkins County Arts Council, be hereby appropriated to the United Arts Fund for distribution to various art organizations. Carried Unanimously * 15.13 Health Insurance - Charge to Retirees and Employees on Leave By Alderperson Schlather: Seconded by Alderperson Killeen WHEREAS, the 1989 -90 estimated cost of the City's Health Insurance, as projected by Blue Cross /Blue Shield has been increased by 19.6 %, and WHEREAS, the interim rate established by Common Council July 6, 1988 did not reflect the total estimated increase for 1988 -89, thereby postponing 25% of the then 51% increase, and WHEREAS, the total impending increase is 44.6% inclusive; now, therefore, be it RESOLVED, That revised interim rates be established for retirees and those employees on a leave of absence at 25% above the existing 1988 -89 rates. Discussion followed on the floor. Alderpersons Killeen and Romanowski asked if something could be done to make this increase less severe on the retirees. Alderperson Schlather explained that last year the rate increase should have been 51% and the City decided to do it in a two step process - 25% last year and 26% this year. The increase for this year was 19.6% so that now if we were to catch up to the rate 18 18 June 7, 1989 that it should be it would be a 44% increase. The recommendation from the Budget and Administration Committee was not to go a full 44% but simply go to the 25 %. The idea is to phase in the rate increase. City Controller Cafferillo answered questions from Council regarding the increase. Amending Resolution By Alderperson Killeen: Seco RESOLVED, That the revised retirees and those employees the existing 1988 -89 rates. nded by Alderperson Schlather interim rates be established for on a leave of absence at 22% above Carried Unanimously Main Motion as Amended A Vote on the Main Motion as Amended resulted as follows: Carried Unanimously * 15.14 Fire Department Position - Volunteer Coordinator By Alderperson Schlather: Seconded by Alderperson Johnson RESOLVED, That the position of Volunteer Coordinator be placed in the CSEA Administrative Unit at Grade 22 of the 1989 Compensation Plan (40 hours), and be it further RESOLVED, That said position is position with a salary of $8,469 Civil Service Commission. a twenty (20) hour per week to $10,753, as approved by the Carried Unanimously * 15.15 Fire Department Position - Municipal Training Officer By Alderperson Schlather: Seconded by Alderperson Hoffman RESOLVED, That the position of Municipal Training Officer be established on the Managerial Compensation Plan for those not covered by a Bargaining Unit, at a salary range for $28,710 to $42,496, as approved by the Civil Service Commission. Carried Unanimously * 15.16 Audit By Alderperson Schlather: Seconded by Alderperson Johnson RESOLVED, That the bills presented, as listed on Audit Abstract #10/1989, in the total amount of $30,824.97, be approved for payment. Carried Unanimously * 15.17 City Controller Appointment By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That Dominick R. Cafferillo be appointed to the position of City Controller at a starting salary of $55,632.00, effective May 29, 1989. Carried Unanimously Mr. Cafferillo took the oath of office and was sworn in by City Clerk Paolangeli. * 15.5 Increased Authorization - Stewart Avenue Bridge By Alderperson Schlather: Seconded by Alderperson Killeen WHEREAS, the current authorization for the reconstruction and painting of the Stewart Avenue Bridge is $500,000, and the lowest bid received was in excess of said authorization, and WHEREAS, the City Engineer and Board of Public Works have recommended a reduction in the scope of work, by deleting the cost of painting said bridge at this point in time, and WHEREAS, the amended cost of reconstruction only, inclusive of engineering supervision and contingencies is estimated to be $530,000; now, therefore, be it 19 June 7, 1989 RESOLVED, That Capital Project #219 Reconstruction of the Stewart Avenue Bridge, be increased from $500,000 to $530,000, and that the amended financing plan be established as follows: State Aid $100,000 Bond Anticipation Notes $430,000 Total $5301000 Alderperson Schlather explained that the City Attorney has recommended that this project be re -bid. Notwithstanding that recommendation, the Board of Public Works passed on the project, recommended award of a revised bid to the lowest bidder on this particular component, sent it on to the Budget and Administration Committee, and approved the project contingent upon Common Council's approval. a City Attorney Nash explained his reasons for the recommendation that he has made on this matter. He stated that the original �.� contract was for $650,000 and we were looking at a change of approximately $160,000 in that contract, which is something on the order of 30 %. He stated that is a fairly large change in a contract; usually change orders are minor. The rationale is that you are supposed to bid it so that you can get the lowest price for the project and if you make a substantial change in it, it becomes difficult to verify whether or not you have received the lowest bid for the modified project. Further discussion followed on the floor. City Engineer Gray answered questions from the Council regarding the project and the contract. He remarked that the bridge has been downgraded from a 20 ton bridge to a 13 ton bridge within the last year. Fire Chief Olmstead remarked that none of the fire fighting apparatus can cross that bridge at this time. Alderperson Schlather asked City Attorney Nash what would happen if the City were to determine that emergency measures compelled repair of the bridge. Could some of these re- bidding risks be eliminated by a making a finding that there is an emergency? City Attorney Nash read from the Municipal Law regarding an emergency situation and stated that if there is a threat to the life and health safety of a property or the inhabitants of the City of Ithaca that requires immediate action, and we cannot wait for competitive bidding, the appropriate officer, board, or agency can go forward. Alderperson Nichols left the meeting at 10:55 p.m. Amending Resolution By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That there be a fourth WHEREAS added to the resolution to read as follows: "WHEREAS, for life, health and safety reasons including full access for fire protection to the Cornell Heights portion of the City it is imperative to reconstruct this bridge in 1989 which reconstruction would not be possible if this project were required to be re -bid; and that a new first RESOLVED, be added to read as follows: "RESOLVED, That to the extent that re- bidding may be necessary for this project, then the same be waived because of the emergency nature of this reconstruction, and be it further, etc." A vote on the amendment resulted as follows: Carried (9 -0) 20 20 June 7, 1989 Main Motion as Amended The Main Motion as Amended reads as follows: WHEREAS, the current authorization for the reconstruction and painting of the Stewart Avenue Bridge is $500,000, and the lowest bid received was in excess of said authorization, and WHEREAS, the City Engineer and Board of Public Works have recommended a reduction in the scope of work, by deleting the cost of painting said bridge at this point in time, and WHEREAS, the amended cost of reconstruction only, inclusive of engineering supervision and contingencies is estimated to be $530,000, and WHEREAS, for life, health and safety reasons including full access for fire protection to the Cornell Heights portion of the City it is imperative to reconstruct this bridge in 1989, which reconstruction would not be possible if this project were required to be re -bid; now, therefore, be it RESOLVED, That to the extent that re- bidding may be necessary for this project, then the same be waived because of the emergency nature of this reconstruction, and be it further RESOLVED, That Capital Project #219 Reconstruction of the Stewart Avenue Bridge, be increased from $500,000 to $530,000, and that the amended financing plan be established as follows: State Aid $100,000 Bond Anticipation Notes $430,000 Total $530,000 A vote on the Main Motion as Amended resulted as follows: Carried (9 -0) HUMAN SERVICES COMMITTEE: County /City Youth Bureau - Report Alderperson Peterson reported that the meetings with the County regarding the County /City Youth Bureau have been ongoing. This subcommittee has been charged to try to come up with some idea of how the City can best more efficiently serve the youth in the community and the rest of the County. The sub - committee is in the process of writing a resolution that will go to the County Board and the City Council. Alderperson Booth stated for the clarification that what the new committee is talking about will not deal with recreation services. It deals with only youth development and recreational mainstreaming. Alderperson Peterson said that what the City wants to make clear to the County is that recreational fees will still be at a triple rate or whatever the City sets. Towards a Permanent Homeless Shelter - Report Alderperson Peterson asked if any Council member has anything to add after the items that were on the agenda under the Budget and Administration and Planning and Development Committees. Alderperson Lytel stated that there is going to be a request for the Human Services Committee to consider which will then go to the Budget and Administration Committee for a very sizeable amount of money to run the shelter for next year; Southside is asking for staff support. It is going to be a difficult decision that is going to need to be made by the August meeting of Council. 21 21 June 7, 1989 Letter from Homes, Inc. - Report Alderperson Peterson referred to a letter from Homes, Inc. to John Grover, Office of Shelter and Supported Housing Development, that she had handed out to Council members before the meeting. She stated that the letter is a draft that she and the Director of Homes, Inc. worked up. Alderperson Peterson stated that she thinks it is in a form that is appropriate. She asked that it be (Ww'e, re -typed on City letterhead. Resolution By Alderperson Peterson: Seconded by Alderperson Killeen RESOLVED, That this Common Council approves this letter and that it be re -typed on Mayor Gutenberger's letterhead, with the notation that the letter has been approved by the entire Common Council. Carried (9 -0) PLANNING AND DEVELOPMENT COMMITTEE: *17.1 Van Natta Dam RFP - Developer Selection Committee �t By Alderperson Cummings: Seconded by Alderperson Killeen WHEREAS, Common Council has authorized the preparation of a Request For Proposals for development of the Van Natta Dam Hydroelectric Project by private entities, and WHEREAS, the Request For Proposals has been prepared, advertised and distributed, and WHEREAS, the deadline for responses to said RFP is July 14, 1989; now, therefore, be it RESOLVED, That a Developer Selection Committee be established to review responses to the RFP and recommended a preferred developer, and be it further RESOLVED, That such committee be composed of representatives from the following: Hydropower Commission Board of Public Works City Engineer's Office City Planning Department Controller's Office Common Council (2 members) Six Mile Creek Overseer Committee Discussion followed on the floor on the composition of the committee. Alderpersons Hoffman and Nichols were appointed to serve as representatives from Common Council. A vote on the resolution resulted as follows: Carried (9-0) Ithaca Industrial Park - Evaluation of Rent /Buy -out Charge - Report Alderperson Cummings reported that the matter has been discussed at the Committee and at Urban Renewal Agency meetings. The (4wool Committee will bring a recommendation to the Council at the July meeting. *•17.3 Central Business District Historic Resources Survey - CLG Subgrant Proposal By Alderperson Cummings: Seconded by Alderperson Peterson WHEREAS, the City of Ithaca has been designated a Certified Local Government by the New York State office of Parks, Recreation and Historic Preservation, and WHEREAS, ten percent (10 %) of funds allocated to New York State for preservation activities are made available exclusively to Certified Local Governments on a competitive basis, and 29 R1 N 22 June 7, 1989 WHEREAS, Ithaca 's downtown core is vulnerable to redevelopment pressure, particularly after the three recent fires which have damaged and destroyed four historic buildings, and WHEREAS, at the meeting held April 25, 1989, the Board of Planning and Development requested that the Ithaca Landmarks Preservation Commission explore the viability of a downtown historic district; now, therefore, be it RESOLVED, That the Common Council hereby authorizes the Director of Planning and Development to submit to the New York State Office of parks, Recreation and Historic Preservation an application for funding to conduct an historic and architectural resources survey of the downtown area, with the City's share of the cost to be matched with funds already allocated to the Department of Planning and Development. Alderperson Cummmings gave background information on the resolution. A vote on the resolution resulted as follows: Carried (9 -0) * 17.8 R -2c Zoning By Alderperson Cummings: Seconded by Alderperson Killeen RESOLUTION OF COMMON COUNCIL INTRODUCING PROPOSED CHANGES TO THE ZONING ORDINANCE AND PROVIDING FOR PUBLIC NOTICE AND PUBLIC HEARING RESOLVED, That Ordinance Number 89 - entitled "An Ordinance Amending Sections 30.3, 30.21, 30.25 AND 30.26 of Chapter 30 Entitled 'Zoning' of the City of Ithaca Municipal Code" be and it hereby is introduced before the Common Council of the City of Ithaca, New York, and be it further RESOLVED, That the Common Council shall hold a public hearing in the matter of the adoption of the aforesaid ordinance to be held at the Common Council Chambers, City Hall, 108 East Green Street, Ithaca, New York on Wednesday July 5, 1989 at 7:00 p.m., and be it further RESOLVED, That the City Clerk give notice of such public hearing by the publication of a notice in the official newspaper, specifying the time when and the place where such public hearing will be held, and in general terms describing the proposed ordinance. Such notice shall be published once at least fifteen days prior to the public hearing, and be it further RESOLVED, That the City Clerk shall transmit forthwith to the Board of Planning and Development and the Tompkins County Planning Board a true and exact copy of the proposed ordinance for its report thereon. ORDINANCE NO. 89 - AN ORDINANCE AMENDING SECTIONS 30.3 30.21 30.25 AND 30.26 OF CHAPTER 30 ENTITLED 'ZONING' OF THE CITY OF ITHACA MUNICIPAL CODE. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York as follows: SECTION 1. AMENDING SECTION 30.3, DEFINITIONS. 1. That the definition for "Dwelling, one - family" shall be amended to read as follows: 23 June 7, 1989 "'Dwelling, one - family' shall mean a dwelling unit occupied exclusively for residential purposes by an individual or family and not more than one (1) unrelated individual, or a functional family unit. In the R -1 zones, occupancy by an individual or a family plus not more than two (2) unrelated individuals is permitted if the dwelling is owner - occupied. In the R -2 and R -3 zones, occupancy be an individual or a family plus not more than two (2) unrelated individuals is permitted. A one- family dwelling may be constructed in any of the following configurations, as permitted in specific zoning districts: A. One - family dwelling, detached - A building containing not more than one dwelling unit. B. One - family dwelling, detached, zero lot line - A building containing not more than one dwelling unit which is sited so that the side of the building is on aj or near the side property line of the parcel on which r it is built. C. One - family dwelling, semi - detached - A building containing not more than two one - family dwellings, each of which shares a single common wall or other common structural elements with the other dwelling unit in the building. D. One - family dwelling, attached - A building containing three or more one - family dwellings, each of which shares one or more common walls or structural elements with the other one - family dwellings in the building. A maximum of six (6) dwelling units may be attached to form a single building. 2. That the definition for "Dwelling, two - family ", be deleted in its entirety. SECTION 2. AMENDING SECTION 30.21, ESTABLISHMENT OF ZONING DISTRICTS. 1. That Section 30.21, Establishment of Zoning Districts, be amended to add the following new zoning district, to be inserted after the words 11R -2b Residential ": "R -2c Residential". SECTION 3. AMENDING SECTION 30.25, DISTRICT REGULATIONS 1. That Section 30.25, District Regulations Chart, be amended as follows: A. Under Column 2, Permitted Primary Uses, for the R -1 districts, change "One- family dwelling" to "One - family detached dwelling ". B. Under Column 2, Permitted Primary Uses, for the R -2 districts, change "One- family dwelling" to "One- family detached dwelling ". C. Under Column 2, Permitted Primary Uses, for the R -2 districts, change "Two- family dwelling" to "One - family semi - detached dwelling ". D. Under Column 2, Permitted Primary Uses, add the following: 11R -2c only: Single- family detached, zero -lot line "R -2c only: Single - family attached dwelling. E. Under Column 2, Permitted Primary Uses, for the R -3 districts, change "One- or two - family dwelling" to 24 24 June 7, 1989 "One- family detached, semi - detached or attached dwelling ". F. Under Column 2, Permitted Primary Uses, for the R -U district, change "One- or two - family dwelling to "One- family detached, semi - detached or attached dwelling ". G. Under Column 3, Permitted Accessory Uses, for the R -2 districts, add "3. R -2c only; Private garage for not more than six (6) cars per building." H. Under Column 6, Minimum Lot Size, Area in Square Feet and Column 7, Minimum Lot Size, Width in Feet at Street Line, change all references to "One- family dwelling" to "One- family detached dwelling" and all references to "Two- family dwelling" to "One- family semi - detached dwelling ". I. Under Column 6, Minimum Lot Size, Area in Square Feet, add under the subdistrict heading 1IR -2c": "1. One - family detached: 2500 for the first legal occupant, plus 500 for each additional legal occupant. 2. One - family semi - detached: 2000 for the first legal occupant in each dwelling unit, plus 400 for each additional legal occupant in each dwelling unit. 3. One - family attached: 1500 for the first legal occupant in each dwelling unit, plus 300 for each additional legal occupant in each dwelling unit, plus 500 for each additional legal occupant in each dwelling unit in excess of five (5) legal occupants. 4. Other uses: 4000 J. Under Column 7, Minimum Lot Size, Width in Feet at Street Line, add under the subdistrict heading "R- 2c": 1. One - family detached: 40 2. One- family semi - detached: 50 3. One - family attached: 50 4. Other uses: 40 K. Under Column 8, Maximum Building Height, Number of Stories, add under the subdistrict heading "R -2c": n3n. L. Under Column 9, Maximum Building Height, Height in Feet, add under the subdistrict heading "R -2c": "35 ". M. Under Column 10, Maximum Percent Lot Coverage By Buildings, add under the subdistrict heading: "R -2c": 1. One - family detached: 35 2. One - family semi - detached: 40 3. One - family attached: 50 4. Other Uses: 35 25 June 7, 1989 N. Under Column 11, Yard Dimensions, Front, Minimum Required, add under the subdistrict heading "R -2c ": 111011. 0. Under Column 12, Yard Dimensions, Side, One Side at Least, add under the subdistrict heading "R -2c ": 1. One - family detached: 10 2. One - family detached, zero lot line: 15 3. One - family semi- detached, unattached sides only: 10 SECTION 4. AMENDING SECTION 30.26, STANDARDS FOR SPECIAL CONDITIONS AND SPECIAL PERMITS. 1. That Section 30.26(B), Special Conditions, Group Care Residence, be amended by adding the following under 113. Density controls at individual facility level:" DISTRICT R -2c TOTAL AREA IN SQUARE FEET 3, 0 0 0 f o r first 6 residents + 1,000 for each add'1 resident WIDTH IN FEET AT STREET LINE 40 SIDE YARDS 10 - 10 MAXIMUM NUMBER OF RESIDENTS 10 4. One - family attached, unattached sides only: 10 P. Under Column 13, Yard Dimensions, Side, Other Side at Least, add under the subdistrict heading 11R -2c ": 1. One - family detached: 5 2. One - family detached, zero -lot line: 0 3. One - family detached, zero- lot line, on side abutting a non - zero -lot line building: 5 4. One - family semi - detached, attached sides: 0 5. One - family attached, attached sides: 0 Q. Under Column 14, Yard Dimensions, Rear, Percent of Depth, add under the subdistrict heading "R -2c ": "25 ". R. Under Column 15, Yard Dimensions, Rear, Maximum Required in Feet, add under the subdistrict heading "R -2c": 1150 ". SECTION 4. AMENDING SECTION 30.26, STANDARDS FOR SPECIAL CONDITIONS AND SPECIAL PERMITS. 1. That Section 30.26(B), Special Conditions, Group Care Residence, be amended by adding the following under 113. Density controls at individual facility level:" DISTRICT R -2c TOTAL AREA IN SQUARE FEET 3, 0 0 0 f o r first 6 residents + 1,000 for each add'1 resident WIDTH IN FEET AT STREET LINE 40 SIDE YARDS 10 - 10 MAXIMUM NUMBER OF RESIDENTS 10 26 26 June 7, 1989 2. That Section 30.26(C), Special Permits, be amended by adding the following under Paragraph 4 (iv) after the label "R -2b ": "R -2c ". SECTION 5. EFFECTIVE DATE. This ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in Section 3.11(B) of the Ithaca City Charter. Resolution to Refer to Committee By Alderperson Romanowski: Seconded by Alderperson Killeen RESOLVED, That the matter of an Ordinance amending Sections 30.3, 30.21, 30.25 and 30.26 of Chapter 30 entitled 'Zoning' of the City of Ithaca Municipal Code be referred back to the Planning and Development Committee for review. Carried (9 -0) INTERGOVERNMENTAL RELATIONS COMMITTEE: *18.1 Resolution of Extension for Purchase of City Hall Annex By Alderperson Cummings: Seconded by Alderperson Peterson RESOLVED, That the following amendments be made to the purchase agreement of December 8, 1988 with Charles Schlough for the sale of the City Hall Annex building: (a) Paragraph III of the Purchase Offer is deleted in its entirety; (b) Paragraph X is deleted in its entirety and there is substituted therefor the following: "At closing Seller shall deliver to Buyer a Warranty Deed for the consideration stated hereinabove, sufficient to convey good marketable title in fee simple, free and clear of all liens and encumbrances except as stated herein. The closing shall take place in Ithaca, New York, on or before December 31, 1989." "As and for liquidated damages for Buyer's failure to close pursuant to the Purchase Offer on or by June 8, 1989, Buyer shall pay to Seller at closing a sum equal to Seventy and No /100 Dollars ($70.00) multiplied by the number of days following June 8, 1989 that the closing actually occurs. In addition, Buyer shall forfeit the $5,000.00 deposit paid pursuant to Paragraph II -A in the event closing does not occur on or by December 31, 1989."; (c) Paragraph add the f( "The preceding which occurs as a foreclosure or a deed XII -8 of said Purchase Offer is amended to allowing language thereto: shall not apply to an involuntary transfer matter of law pursuant to a mortgage in lieu of foreclosure." Carried (9 -0) Correction of May 3, 1989 Common Council Minutes in Reference to the Resolution for Extension for Purchase of City Hall Annex By Alderperson Hoffman: Seconded by Alderperson Booth RESOLVED, That the May 3, 1989 Common Council Minutes (page 25) under (c) be corrected to read as follows: "Paragraph XII -8 of said Purchase Offer is amended to add the following language thereto: 'The preceding shall not apply to an involuntary transfer which occurs as a matter of law pursuant to a mortgage foreclosure or a deed in lieu of foreclosure. "' Carried (9 -0) ry ;JI 27 June 7, 1989 UNFINISHED AND MISCELLANEOUS BUSINESS: Cystic Fibrosis Fund Raiser Alderperson Cummings reported on a phone call she has received from an agency in Syracuse organizing fund raising events for Cystic Fibrosis which involves jailing and hostage- taking, etc. and she wondered what the City's approach is to this type of fund raiser. Mayor Gutenberger replied that the Mayor's Office receives many of those types of calls from organizations and the standard answer is that they will not participate in this type of fund raiser and that the community is very sensitive to the type of fund raiser that involves hostage taking, jailing, and paying ransom. NEW BUSINESS• Televising of Common Council Meetings Pt; Alderperson Lytel reported that this evening is the first Common �! Council meeting that is being cable -cast directly as a result of "i the City's new cable franchise. He spoke on the lighting that is required to have the meetings televised. Discussion followed on the floor on the energy aspect of the lighting system in question. Resolution to Refer to th, By Alderperson Cummings: RESOLVED, That the matter the cable - casting of the the Department of Public the Common Council at its Department of Public Works Seconded by Alderperson Johnson of lighting Common Council Chambers for Common Council meetings be referred to Works for review and a report back to July meeting. Carried (9 -0) (600", "Housing Now!" By Alderperson Killeen: Seconded by Alderperson Johnson WHEREAS, three items (15.11, 16.2, 17.7) on this Agenda are concerned with Homeless Housing, and WHEREAS, this focus is indicative of this Council's recognition of the community crisis in available, affordable housing for many sectors of the public, including the homeless, and WHEREAS, a local effort spearheaded by the Homeless Task Force is now underway to stimulate participation in a developing national program - "Housing Now! ", and WHEREAS, this Council's encouragement of local, grass -roots involvement in "Housing Now!" is consistent with and beneficial to the attack on Ithaca's housing crisis; now, therefore, be it RESOLVED, That this Common Council urges support for the "Housing Now!" effort being organized by the Homeless Task Force, and be it further RESOLVED, That the Homeless Task Force is invited to report to this Common Council at its September meeting (9/6/89) on the (40� local progress of "Housing Now! ", and be it further RESOLVED, That this matter is referred to the Human Services Committee for their consideration and possible additional enhancement. Carried (9 -0) August Common Council Meeting Time By Alderperson Schlather: Seconded by Alderperson Johnson RESOLVED, That due to the Empire State Games the August meeting of Common Council will be held on Tuesday, August 1, 1989. Carried (9 -0) M Adjournment On a motion the meeting adjourned at 11:3 Callista F. Paolangeli v City Clerk . June 7, 1989 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 P.M. June 7, 1989 PRESENT: Mayor Gutenberger Alderpersons (10) - Booth, Cummings, Johnson, Nichols, Hoffman, Killeen, Lytel, Peterson, Schlather, Romanowski OTHERS PRESENT: City Attorney - Nash City Clerk - Paolangeli City Controller - Cafferillo Director, Planning and Development - Van Cort Deputy Director, Planning and Development - Mazzarella Police Chief - McEwen Building Commissioner - Datz Fire Chief - Olmstead q Youth Bureau Director - Cohen Board of Public Works Commissioner - Reeves City Engineer - Gray _? PLEDGE OF ALLEGIANCE: Mayor Gutenberger led all present in the Pledge of Allegiance to the American flag. MINUTES: Corrections and Additions to the Minutes of the May 3, 1989 Common Council Meeting Alderperson Peterson requested that on page 27, the word Resolution be added at the end of the paragraph that begins 'Alderperson Peterson stated that ...' Lo", Alderperson Booth requested that on page 22, before the words 'Alderperson Nichols noted....', the words With respect to Amending Resolution #2 be added. Alderperson Booth requested that on page 17, under 14.1b(1), in the third line of the first Whereas, Route 13 be changed to Route 96. Alderperson Booth requested that on page 29, under #4 Storm drainage, the fourth line from the bottom of the paragraph, that begins with 'Necessary storm sewers....' should be a separate paragraph. Alderperson Booth requested that on page 32, under "G. City work at subdivider's expense, the second line should read his./her expense. Approval of Minutes of the May 3, 1989 Common Council Meeting with the Corrections and Additions as Noted By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That the Minutes of the May 3, 1989 Common Council Meeting with the corrections and additions as noted be approved. Carried Unanimously ADDITIONS TO THE AGENDA: New Business Alderperson Lytel requested the addition of Item 21.1, a short discussion on the cable casting of Council meetings. No Council member objected. Human Services Alderperson Peterson requested the addition of Item 16.3, a letter from Homes, Inc. for consideration by Common Council. No Council member objected. N New Business Alderperson Killeen requested resolution on "Housing Now!" No Council member objected. 2 June 7, 1989 the addition of Item 21.2, a Intergovernmental Relations Committee Alderperson Cummings requested the addition of Item 18.1, a resolution taking final action on the request of Charles Schlough for an extension of the agreement to transfer the City Hall Annex to him. No Council member objected. Miscellaneous and Unfinished Business Alderperson Cummings requested a discussion on the current Cystic Fibrosis Fund Raising Campaign. No Council member objected. Budget and Administration Committee Alderperson Schlather requested the addition of Item 15.17, City Controller starting salary resolution. Alderperson Schlather stated that there will be a substitute resolution with respect to Item 15.9, Center Ithaca Expansion. No Council member objected. MAYOR'S APPOINTMENTS: Board of Fire Commissioners Mayor Gutenberger requested approval of Council for the re- appointments of Gloria Howell, 120 Clover Lane and David Cornelius, 109 Farm Street, to the Board of Fire Commissioners with terms to expire June 30, 1992. Resolution By Alderperson Booth: Seconded by Alderperson Killeen RESOLVED, That this Common Council approves the re- appointments of Gloria Howell and David Cornelius to the Board of Fire Commissioners with terms to expire June 30, 1992. Carried Unanimously Affirmative Action Advisory Committee Mayor Gutenberger requested the approval of Council for the appointments of Samuel Cohen, Parmenter Road, Lodi with a term to expire 12/31/91 and James Miller, 800 Shaffer Road, Newfield with a term to expire 12/31/89 (Management Representatives) , to the Affirmative Action Advisory Committee. Resolution By Alderperson Killeen: Seconded by Alderperson Johnson RESOLVED, That this Common Council approves the appointments of Samuel Cohen with a term to expire 12/31/91 and James Miller with a term to expire 12/31/89 as Management Representatives to the Affirmative Action Advisory Committee. Carried Unanimously Community Police Board Mayor Gutenberger requested the approval of Council for the appointment of John Ware, 114 South Plain Street, to the Community Police Board, with a term to expire December 31, 1991, to replace Deborah Manning who has resigned. Resolution By Alderperson Cummings: Seconded by Alderperson Booth RESOLVED, That this Common Council approves the appointment of John Ware, to the Community Police Board, with a term to expire December 31, 1991. Carried Unanimously 3 June 7, 1989 Board of Fire Commissioners Mayor Gutenberger requested approval of Council for the appointment of Lyman E. Baker, 838 Coddington Road, to the Board of Fire Commissioners with a term to expire June 30, 1990 to replace Robert Earle who has resigned. Resolution By Alderperson Romanowski: Seconded by Alderperson Cummings RESOLVED, That this Common Council approves the appointment of Lyman E. Baker to the Board of Fire Commissioners with a term to expire June 30, 1990. Carried Unanimously Planning and Development Board Mayor Gutenberger requested approval of Council for the appointment of Moncrief Cochran, 205 Haller Boulevard, to the Planning and Development Board with a term to expire December 31, 1990 to replace Steve Jackson who has resigned. Resolution By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That this Common Council approves the appointment of Moncrief Cochran to the Planning and Development Board with a term to expire December 31, 1990. Carried Unanimously PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Strand Theatre Doug Reid, 105 Sheldon Road, addressed Council on the matter of the Strand Theatre. He referred to a handout that he had presented to each member of Council. Mr. Reid remarked that in his statement he has gone through some of the history of the (moo., Strand and he believes he has shown that there is a way that the Strand could function as a theatre. He asked that in any resolution passed by the Council concerning the sealed bid sale, some way be found to allow for the possibility, however remote it may seem, that a non - profit corporation might be able to take it over before the sale is finalized. Six Mile Creek Bikeway - Town Plans_ Jerry Hersh, 111 Cottage Place, spoke to Council regarding the Town of Ithaca's plan for the Six Mile Creek Bikeway. He re- capped some of the discussion that took place at the Town of Ithaca meeting. It appeared to him that the Town's plan was detrimental to a lot of the people that were present at that meeting and it was stated that to get the Town's plan turned around one of the things that could be done would be to go before the Common Council of the City of Ithaca. He stated that he was speaking tonight to make sure that Council knows that many people are against the Town's plan regarding the bikeway. Empire State Games David Cutting, Chairman for the Empire State Games, explained to the Council the plans for the Empire State Games which will take place August 2 - 6, 1989 in Ithaca. (4w", 2% Monies Daniel L. Rhoads, 201 West Lincoln Street, Captain of Volunteer Fire Company #1, urged the Council to pass the resolution on tonight's agenda regarding the 2% monies for the volunteer fire companies. Strand Theatre Farmers' Market Lease Paul Sayvetz, 201 Elm Street, addressed the Council on the matter of the Strand Theatre and asked Council to delay the decision on the matter of the theatre. He also stated that he thinks the Farmers' Market lease is not fair. He asked that the City allow the cost of those permanent bathrooms, which are to be affixed to the land, be deducted from the rent. 4 June 7, 1989 Strand Theatre The following persons also spoke to Council in support of saving the Strand Theatre: John Whalen - 319 Elm Street Marie Steffen - 319 Elm Street Drop -in Center Donna Veninsky, Richford, New York, Executive Director of the Drop -in Center, addressed the Council on the matter of expanding the Day Care Center at G.I.A.C. She urged Council to make sure that the Day Care component remains in the proposal that is on tonight's agenda under the Planning and Development Committee. Krys Cail, 337 DuBois Road, Vice - President Drop -in Children's Center, addressed the Council on the need for expanded spaces for low- income child care in the downtown Ithaca area. She stated that the Center is in danger of losing State funding unless some sort of timetable for when there will be a physical location that is licensable is presented. Route 96 Vote Guy Gerard, 140 College Avenue, thanked the Council for their vote on Route 96. An American Festival Sean Killeen, 111 Orchard Place, read the following statement to Council as a citizen: "For the past 6 months I have been a member of a steering committee, along with Mimi Granger of G.I.A.C. and Rev. John Taylor, former Chair of the Commons Advisory Board, and others. With much pleasure and excitement I bring you a preview of Collegetown's "American Festival" scheduled for September 17- 27, 1989. These 10 days of visiting artists and performers will depict the cultural diversity that enriches American life and is the hallmark of our community. An American Festival will be a celebration of heritage, community, and the arts with the involvement of the Youth Bureau, Southside Community Center, G.I.A.C., and the Senior Citizen Center as well as other local and regional groups. Come to Cornell's new Center for the Performing Arts for the American Festival in September in Collegetown where life is lively." Mr. Killeen handed out brochures regarding the Festival. Letter from the Northside - Cascadilla Civic Center Association re. the Science Center Alderperson Peterson read the following letter to the Council: "Dear Friends: We are enthusiastic at the prospect of the Science Center moving to the old Sewage Treatment Site in our neighborhood. If the project meets some of our goals for the neighborhood, as we believe it could, it will certainly gain our support. We will welcome it as an exciting educational resource for the Ithaca community. Chief among those goals is more green space for this area. The demographics provided on this point show that we have many elderly, children, low - income people without cars. Because we have the smallest amount of green space to population of the city's neighborhoods, we need more parks within walking distance. W_ 5 June 7, 1989 The Conservation Advisory Council has endorsed our request for park space on the old Sewage Treatment site. Additionally the neighborhood needs a buffer from Route 13's traffic and noise, low generation of traffic, and the passive recreational use of and access to Cascadilla Creek. It is vital that our planning committee be included in all negotiations that concern this site. When we read, in the Ithaca Times, that part of this small site might be used in conjunction with that of the Paolangeli Parcel, we were alarmed. An issue with such impact on our neighborhood needs to be discussed with neighborhood representatives. Our planning committee stands ready and willing to participate in the development of this site. Please notify us of the next step. We intend that our views be included." RESPONSE TO THE PUBLIC: Strand Theatre Alderperson Romanowski questioned what organization has the resources to undertake the rehabilitation of the theatre if it is �.� put on hold or not sold at public auction. He remarked that given its dilapidated condition, there is an investment of a <1 great deal of money needed. If there is no organization or individual willing to pick up this tab, is it expected that the City taxpayers will undertake a rehabilitation of this particular building and have it as a resource as a ballet or arts center. He asked that people speak to him after the meeting if they have ideas on this. Drop -in Center Alderperson Lytel stated that the resolution that is on tonight's agenda will simply establish the client committee and the City and everyone should be in favor of moving the entire process forward. Strand Theatre Alderperson Cummings urged the persons who spoke regarding the Strand Theatre, if they know of any individual or organization who would be interested in rehabilitating the theatre or if they would like additional information to please contact Kathy Evans in the Planning Department. Farmers' Market Lease Alderperson Nichols stated in response to Paul Sayvetz's remarks on the Farmers' Market Lease, that it was negotiated with all the conditions and it was mutually agreed on and he thinks that while it could be improved, it is a fair agreement. Drop -in Center Alderperson Peterson remarked that this issue will be discussed again at the Human Services Committee meeting on June 19th. Six Mile Creek Bikeways Alderperson Hoffman followed up on the statement by Dr. Hersh about the Six Mile Creek Bikeway. He stated he was also at the meeting at the Town of Ithaca and he reminded the Town Board that Common Council had passed a resolution at its last meeting asking the Town to defer final decision until the Town and City had a chance to meet and resolve some of the possible points of contention. He stated that no promises were made at that meeting, and to his knowledge the Town has not set up any meetings with the City. He would hope that either the Mayor or the Intergovernmental Relations Committee would make a formal request again to the Town that there be some discussions on this matter. Drop -in Center Alderperson Peterson remarked that this issue will be discussed again at the Human Services Committee meeting on June 19th. f) 6 June 7, 1989 REPORT OF CITY BOARDS, COMMITTEES AND COMMISSIONS: Board of Public Works Commissioner Reeves reported on the following items from the Board of Public Works: Street Light at Sunrise Road and Taylor Place - Commissioner Reeves stated that the Board received final figures and the Street Light will be installed at that location. Ithaca Transit Study - Commissioner Reeves reported that the Ithaca Transit Study has been postponed until Fall of 1989 due to scheduling problems with the people at Cornell who were to do the study. Ithaca Transit Roadeo - Commissioner Reeves reported that the Ithaca Transit Roadeo will be held on Sunday, June 11, at Cass Park and invited Council to attend. Community Gardens Water Service - Commissioner Reeves reported that she had noted in the May 3rd Council minutes that joint cooperation is required by the Budget and Administration Committee, the Board of Public Works, and the Community Gardens leadership to work out further rules and regulations regarding the water service. To date no communications has occurred between the committees so consequently there is no report available tonight. Alderperson Schlather responded that it will be put on the June Budget and Administration agenda. Proposed Curb -side Swap Day - Commissioner Reeves reported that the matter of a "curb -side swap day" has been discussed by the Committee of the Whole. The Board has come up with a list of reasons why they feel this would not be a good idea. She explained the reasons. Commissioner Reeves answered questions from Council members regarding striping of crosswalks, the blinking light at the Belle Sherman School, expanding the kinds of materials that have to be recycled, the re- bricking of Stewart Avenue and the Ithaca Transit study. Alderperson Cummings remarked that the "curb -side swap day" will be looked at by the Planning and Development Committee with input from the Board of Public Works. Youth Bureau Board Youth Bureau Director Cohen stated that this summer the City Youth Bureau is going to co- sponsor with the County Youth Bureau two community forums for all members of the City of Ithaca community. This will be part of the broader effort of the 3 -year County Youth Services Comprehensive Plan that is just beginning. The Youth Bureau Board would like to ask Council and the Mayor to co- sponsor the events. Mayor Gutenberger stated and the Council agreed that there is unanimous approval of the Council to co- sponsor the forums. COMMUNICATIONS FROM THE MAYOR: 'We the People' Mural Mayor Gutenberger stated that the painting that was commissioned by the City for the Bi- Centennial of the Constitution which we wrapped into the Centennial of the City of Ithaca is now in the hallway outside Council Chambers. Resolution By Alderperson Booth: Seconded by Alderperson Johnson RESOLVED, That this Common Council expresses its appreciation and thanks to Daniel Burgevin, the artist who painted the mural and be it further 7 June 7, 1989 RESOLVED, That the Mayor be directed to send a letter of thanks to the artist. Carried Unanimously Discussion followed on the floor on the site of the mural. Update on Route 96 Mayor Gutenberger stated that in talking with the NYSDoT Regional Director Richard Simberg this week, Mr. Simberg said that he is optimistic that they will meet their reporting date of the end of June for a report to the community of what alternative is going to be recommended. BUDGET AND ADMINISTRATION COMMITTEE: *15.8 Release of 2% Money By Alderperson Schlather: Seconded by Alderperson Romanowski WHEREAS, the eight City Volunteer Fire Companies have requested k�Q the release of so- called "old" 2% monies currently held by the q) City; now, therefore, be it RESOLVED, That to the extent that same is required by existing �•� law, Common Council authorizes the Board of Fire Commissioners to release $48,000 from the so- called "old" 2% monies and distribute <1 the same in equal shares to the eight City Volunteer Fire Companies, and be it further RESOLVED, That to the extent that such authorization is not required by existing law, the Common Council nevertheless concurs in the action of the Fire Commissioners in releasing said funds at this time. Discussion followed on the floor. (61ve A vote on the resolution resulted as follows: Carried Unanimously *15.10 Sale of Strand Theatre By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That Common Council authorizes the Mayor to enter into a contract which would provide for the stipulated sale of the Strand Theatre at public auction, with the distribution of the proceeds in accordance with said provisions, and be it further RESOLVED, That a copy of said contract shall substantially be in accordance with the contract which was distributed by the City Attorney as a Draft under date of May 25, 1989, and be it further RESOLVED, That any distribution of proceeds by agreement of the parties, whereby the City would receive less than its full lien amount, would be subject to review by Common Council. Alderperson Schlather stated that at the B &A meeting, they were aware that there had been further discussion with respect to the distribution of the proceeds. The concerns were that under the proposal that was then on the table, that the contract provided for pay off of the first mortgage, then tax liens, and also some (awel money for the City Attorney to hire an Assistant Attorney to help him out in this matter. Alderperson Schlather further stated that the committee was concerned because under mortgage foreclosure laws, the tax liens would not be taking a back seat to these mortgage liens, so the committee asked that Atty. Nash reconsider. Since that time, he has, and there has been now proposed a contract which simply provides for the sale to the highest bidder at public auction by sealed bids, due by July 7, 1989. City Atty. Nash explained that the general terms of the contract are that the collection of City taxes is going to be determined at some future point, the City is not waiving any rights to I 8 June 7, 1989 collection of City taxes, but it is a complicated problem to determine the priority of federal pay back, local property taxes and mortgage lien on the property. Rather than fight about that for a year or two, it seemed prudent to sell the building first and fight about it later. City Atty. Nash stated that the hope is that $300,000 will be generated and everybody will be paid off but certainly with the minimum price of $195,000, we have to have some procedure for dealing with the deficiency. Alderperson Schlather stated that part of this agreement is that the parties agree, including the taxing authorities, that the purchaser would be buying the property free and clear. City Atty. Nash affirmed Alderperson Schlather's statement. Further discussion followed on the floor on how the Ithaca Urban Renewal Agency was involved in this matter. In response to Alderperson Nicholls question of who is making these decisions and who set the price of $195,000, Alderperson Schlather stated that the City does not own the property; it is owned by private parties. The City's interest in the property is two - pronged, one is as protectorate of the ARC grant and secondly as a taxing municipality with a tax lien on the proceeds. He remarked that that building has remained vacant for six years and over that time there has been frequent requests by Common Council to do something in terms of either protecting our interests, bringing it to sale, or whatever, instead of just letting it fall down. Alderperson Schlather further stated that Atty. Nash has finally moved the process forward to the point where the taxing authorities, the owners of the property, the ARC, and the City of Ithaca are willing to agree that the property should be sold, that thereafter the money be placed in `_ an escrow account, and that if the parties cannot agree as to the division of those monies, then the matter would be referred to a Court of competent jurisdiction. City Attorney Nash noted the ARC did prescribe these provisions for a payback of the grant at less than 100 %. In other words, if the property sold at public sale with sufficient advertisement to the highest bidder, and not enough proceeds are generated to pay back the ARC grant one hundred cents on the dollar, it will accept less than one hundred cents on the dollar and will not subject anybody to personal liability for a deficiency as long as this type of sale procedure is conducted. He further stated that ARC required the City to have an appraisal of the building before we could decide on a sale procedure. Alderperson Johnson asked for an explanation of how the Ithaca Urban Renewal Agency was involved as one of the parties in this matter. City Attorney Nash responded that the City acted on behalf of ARC and the Community Development Agency acted on behalf of the City. Planning and Development Director Van Cort explained that the Council directed the Urban Renewal Agency to act as its agent in administering the ARC grant. Alderperson Booth stated that there were several speakers this evening urging the Council to take a radically different course of action and he would like someone to state concisely why the alternatives that were suggested tonight aren't very realistic or not possible for the City to pursue. City Attorney Nash responded that over the last six years, there have been several efforts along these veins. None of them have proved fruitful and unfortunately the liabilities mount and the J 1) 9 June 7, 1989 condition of the building deteriorates. Staff has spent a tremendous amount of time over those six years working with people who had ideas for doing things. ARC, the City, and the owners are convinced that it just does not make sense to follow those efforts any further. Further discussion followed on the floor. _(400,1 A vote on the resolution resulted as follows: Ayes (6) - Schlather, Romanowski, Lytel, Cummings, Booth, Killeen Nays (4) - Nichols, Johnson, Hoffman, Peterson Carried PLANNING AND DEVELOPMENT COMMITTEE: *17.4 Ithaca Farmers' Market Lease Agreement 0J By Alderperson Cummings: Seconded by Alderperson Killeen WHEREAS, Common Council has reviewed the terms of the proposed long term lease agreement with the Ithaca Farmers' Market for 0.6 occupation of the Steamboat Landing site at Third Street, and W� WHEREAS, pursuant to section 3.9 of the Ithaca City Charter, the F appropriate public notice of this proposed lease has been published, and WHEREAS, the tax assessor of Tompkins County has determined that the subject parcel will remain wholly exempt from taxation during the period of its use by the Farmers' Market; now, therefore, be it RESOLVED, That Common Council does authorize the long term lease dated June 10, 1989, of approximately 5.8 acres at the Steamboat (moo" Landing site to the Ithaca Farmers' Market, in accordance with the approved terms and conditions, for sale of farm produce and home - manufactured items ,which are made or grown by its members within a 30 -mile radius of the City of Ithaca, and be it further RESOLVED, That the Mayor be and hereby is authorized to execute said lease agreement upon advice of the City Attorney. Alderperson Schlather asked that the record reflect that he opposes the lease. He thinks the terms are too generous in terms of the Farmers' Market; that they are too frivolous in terms of the needs of the community and future generations. He stated that we are talking about a 20 -year lease at giveaway rates and he is opposed to that. Further discussion followed on the floor regarding the lease. A vote on the resolution resulted as follows: Ayes (8) - Lytel, Cummings, Nichols, Johnson, Booth, Killeen, Hoffman, Peterson Nays (2) - Schlather, Romanowski Carried * 17.5 GIAC Pool - Capital Proiect By Alderperson Cummings: Seconded by Alderperson Killeen WHEREAS, there is a need to replace the existing mini pool to continue to provide a safe facility for swimming within walking distance of Northside, Southside and other downtown neighborhoods, and WHEREAS, the Common Council has recognized that need and allocated $22,500, or 50 of the estimated project cost, in the 1988 capital project budget to begin implementing the proposal to construct a new pool, and 10 10 June 7, 1989 WHEREAS, steps for implementation, were developed during a meeting held on April 3, 1989 between representatives of the Department of Planning and Development, the Department of Public Works, GIAC, and the Youth Bureau and are described in the memorandum dated April 13, 1989; now, therefore, be it RESOLVED, That the Common Council authorize the formation of a Client Committee which will include representatives of the Department of Planning and Development, the Youth Bureau, GIAC, Engineering and /or the Department of Public Works, as well as a member from each: the Common Council, the GIAC Board, and the Planning and Development Board to act as the city's representative, making recommendations to the Common Council and the Board of Public Works as appropriate, and be it further RESOLVED, That said Client Committee is authorized and directed to issue requests for qualifications to architectural firms and to interview and recommend the architect - consultant for the project, and be it further RESOLVED, That following approval of the consultant contract by the Common Council, the Client Committee is authorized to continue to act as the city's representative through design of the project, referring the site plan to the Planning and Development Board for advisory Site Development Plan Review, and referring approval of the final project to Common Council, and bidding and construction of the project to the Board of Public Works. Alderperson Cummings gave an explanation of the resolution and discussion followed on the floor regarding the Client Committee. Amending Resolution By Alderperson Booth: Seconded by Alderperson Hoffman RESOLVED, That the Planning and Development Board be stricken from the Client Committee. Discussion followed on the floor on the amendment. A vote on the amendment resulted as follows: Ayes (2) - Booth, Hoffman Nays (8) - Schlather, Peterson, Nichols, Romanowski, Lytel, Cummings, Johnson, Killeen Motion Fails Main Motion A vote on the Main Motion resulted as follows: Carried Unanimously * 17.6 GIAC Renovations - Capital Project By Alderperson Cummings: Seconded by Alderperson Lytel WHEREAS, there is a need to renovate the GIAC facility in order to expand programs, possibly provide expanded space for day care, improve accessibility and bring the structure into compliance with building codes, and WHEREAS, the GIAC Board still has the program scope under advisement, and WHEREAS, the City will soon be reviewing architects' qualifications for work on the GIAC pool project, and WHEREAS, some efficiencies could be realized by the committee in interviewing architects for GIAC renovations during the same sessions, and WHEREAS, no architects will be hired for the GIAC renovations without express approval by Common Council; now, therefore, be it 11 June 7, 1989 RESOLVED, That Common Council authorize the GIAC Pool Client Committee also to make a recommendation on architect selection for the GIAC renovation, and be it further RESOLVED, That the Common Council authorizes the formation of a Client Committee that will consist of staff from the Department of Planning and Development, the Youth Bureau, GIAC, Engineering and /or the Department of Public Works, as well as a member from each: the Common Council, the GIAC Board, and the Planning and �+ Development Board, to act as the city's representative, making recommendations to the Common Council and the Board of Public y. Works as appropriate, and be it further RESOLVED, That said Client Committee is authorized and directed to issue requests for qualifications to architectural firms and to interview and recommend the architect - consultant for the project, and be it further RESOLVED, That following approval of the consultant contract by the Common Council, the Client Committee is authorized to �.� continue to act as the city's representative through design of w the project, referring the Final Design to the Common Council for Lf., approval and to the Board of Public Works for bidding and construction. Carried Unanimously RECESS: Common Council recessed at 9:17 p.m. and reconvened in regular session at 9:30 p.m. CHARTER AND ORDINANCE COMMITTEE: * 14.1 A Local Law Amending Chapter 106 of the Municipal Code_ of the City of Ithaca with Respect to the Membership of the Conservation Advisory Council of the City of Ithaca By Alderperson Romanowski: Seconded by Alderperson Booth LOCAL LAW NO. OF THE YEAR 1989 CITY OF ITHACA A LOCAL LAW AMENDING CHAPTER 106 OF THE MUNICIPAL CODE OF THE CITY OF ITHACA WITH RESPECT TO THE MEMBERSHIP OF THE CONSERVATION ADVISORY COUNCIL OF THE CITY OF ITHACA. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York as follows: SECTION 1. AMENDING SUBDIVISION A OF SECTION 106.3 OF THE CITY OF ITHACA MUNICIPAL CODE. Subdivision A of Section 106.3 of the City of Ithaca Municipal Code Entitled 'Membership' is hereby amended to read as follows: S 106.3 Membership (400", A. The Commission shall consist of fifteen (15) members, of whom nine (9) shall be voting members appointed by the Mayor, subject to approval by Common Council, and the remainder shall be ex- officio members as provided herein. All members shall be appointed for full terms of two years. Persons residing within the City of Ithaca and not more than two persons residing outside the City of Ithaca who are interested in the improvement and preservation of environmental quality shall be eligible for appointment as members of the Commission. All members of the Commission shall have reached their sixteenth birthday on the day that their appointment takes effect, but not more than one voting member shall not have reached his or her eighteenth birthday. Vacancies on the Commission shall be filled in the same manner as the original appointment, except that a vacancy occurring other T 21 12 June 7, 1989 than by the expiration of the term of office shall be filled only for the remainder of the unexpired term. SECTION 2. EFFECTIVE DATE. This Local Law shall take effect immediately after filing in the Office of the Secretary of State. Discussion followed on the floor regarding the residency requirements to serve on a City Board or Committee. ` A vote on the resolution resulted as follows: Carried Unanimously * 14.2 A Local Law Amending Chapter 60 of the Municipal Code of the City of Ithaca to Enable Designated Employees of the Police Department to Enforce Parking Regulations of the Citv of Ithaca and the State of New York By Alderperson Booth: Seconded by Alderperson Johnson LOCAL LAW NO. OF THE YEAR 1989 CITY OF ITHACA A LOCAL LAW AMENDING CHAPTER 60 OF THE MUNICIPAL CODE OF THE CITY OF ITHACA TO ENABLE DESIGNATED EMPLOYEES OF THE POLICE DEPARTMENT TO ENFORCE PARKING REGULATIONS OF THE CITY OF ITHACA AND THE STATE OF NEW YORK. BE IT ENACTED by the Common Council of the City of Ithaca, New York as follows: SECTION 1. AMENDING SECTION 60.49 OF THE MUNICIPAL CODE OF THE CITY OF ITHACA. Section 60.49 entitled "Enforcement of Parking Regulations" of Chapter 60 of the Municipal Code of the City of Ithaca entitled "Traffic and Vehicles" is amended to read as follows: Section 60.49 Enforcement of Parking Regulations Employees of the Police Department of the City of Ithaca who are not Police Officers and who are duly designated by the Chief of Police as Parking Regulations Enforcement Officers shall be authorized to issue appearance tickets for violation of any provisions of Article IV of Chapter 60 of the Municipal Code of the City of Ithaca and for violation of any provisions of Article 32 of the Vehicle and Traffic Law of the State of New York. SECTION 2. EFFECTIVE DATE. This Local Law shall take effect immediately after filing in the office of the Secretary of State. Alderperson Booth gave background information on the Local Law. He stated that this Local Law means that the designated employees will deal with parking violations other that metered parking violations, such as odd -even parking, parking in front of fire hydrants, blocking a driveway, etc. Alderperson Cummings stated for the record that Police Chief McEwen's willingness and enthusiasm in taking on this new task was described to the Council as a part of his overall interest in beefing up general traffic enforcement throughout the City. She wants this Local Law to be seen as the first part of an overall increased emphasis on the traffic concerns and is pleased that the Police Department is doing this. Alderperson Romanowski remarked that he hopes that this leads to further discussion on the fines and regulations of other parking 13 June 7, 1989 problems such as driveways, hydrants, and 'No Parking' or 'No Standing' zones. The fines that are in now in effect are not reflective of all the costs of enforcement. Further discussion followed on the floor. A vote on the Local Law resulted as follows: Carried Unanimously * 14.3 An Ordinance Regulations' of the Ci City Exactions of Money By Alderperson Booth: Amending Chapter 31 Entitled 'Subdivision ty of Ithaca Municipal Code (Pertaininq to for Park Purposes) Seconded by Alderperson Nichols ORDINANCE NO. 89 B. The Board of Planning and that up to ten (10) percent proposed plat be. reserved purposes. The Board shall and location of areas prop park or recreation purposes. Development may require of the gross area of the for park or recreation approve the size, shape osed to be reserved for C. If the Board determines that a suitable park of adequate size cannot be properly located in any such plat or is otherwise not practical, the Board may then require as a condition of approval of the plat a payment to the City of Ithaca of an amount of two thousand dollars ($2,000) for each lot in the approved plat. AN ORDINANCE AMENDING CHAPTER 31 ENTITLED 'SUBDIVISION C\j REGULATIONS' OF THE CITY OF ITHACA MUNICIPAL CODE. �.� BE IT ORDAINED AND ENACTED by the Common Council of Ithaca, New York as follows: only for the following purposes: SECTION 1. That Chapter 31 entitled "Subdivision Regulations" is amended as follows: located that it will serve primarily the general neighborhood in which the plat is located. 1. That the existing section 31.48 is deleted in its entirety areas which serve primarily the general and replaced with the following: neighborhood in which the plat is located, "Section 31.48 Park and Recreation Areas are established by the Board. A. The plat shall show all areas proposed to be set aside for park or recreation areas. The plat shall (4010", show the size, character and location of such park or recreation areas, including features such as trees, rock outcrops, streams or ponds. B. The Board of Planning and that up to ten (10) percent proposed plat be. reserved purposes. The Board shall and location of areas prop park or recreation purposes. Development may require of the gross area of the for park or recreation approve the size, shape osed to be reserved for C. If the Board determines that a suitable park of adequate size cannot be properly located in any such plat or is otherwise not practical, the Board may then require as a condition of approval of the plat a payment to the City of Ithaca of an amount of two thousand dollars ($2,000) for each lot in the approved plat. Such payment shall be paid to the City of Ithaca at the time of final plat approval, and no plat shall be signed by the authorized officer of the Board until such payment is made. All such payments shall be held by the City of Ithaca in a dedicated Park and Recreation Area Improvement Fund, and shall be used only for the following purposes: 1. The acquisition of land that is suitable for a permanent park or recreation area that is so located that it will serve primarily the general neighborhood in which the plat is located. 2. The improvement of existing park or recreation areas which serve primarily the general neighborhood in which the plat is located, provided that the need for such improvements are established by the Board. 14 June 7, 1989 D. The Board of Planning and Development shall waive the requirement that either park land be reserved or that a payment be made to the City of Ithaca if either of the following conditions exists: 1. The subdivision of land does not create additional building lots; or 2. The parcel of land to into not more than provided that such wa to the same parcel of thereof, more than one period." be subdivided is divided two (2) building lots, iver shall not be applied land, or subdivided parts time in any ten (10) year SECTION 2. This ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in Section 3.11(B) of the Ithaca City Charter. Alderperson Booth gave background information on the resolution. Amending Resolution By Alderperson Schlather: Seconded by Alderperson Romanowski RESOLVED, That the second paragraph under 1C. read as follows: "Such obligation shall be a lien against the premises, duly recorded in the City Clerk's office, and shall be paid to the City of Ithaca on a lot by lot basis no later than when a building permit is first issued for that lot. All such payments shall be held by the City of Ithaca in a dedicated Park and Recreation Area Improvement Fund, and shall be used only for the following purposes:" Alderperson Schlather explained the reason for the amendment. Further discussion followed on the floor regarding the amendment. Motion to Refer to Committee By Alderperson Booth: Seconded by Alderperson Lytel RESOLVED, That the Ordinance amending Chapter 31 entitled 'Subdivision Regulations' of the City of Ithaca Municipal Code be referred to the Planning and Development Board and the Planning and Development Committee for review and report back to Common Council. Ayes (9) - Schlather, Lytel, Cummings, Nichols, Johnson, Hoffman, Peterson, Booth, Romanowski Nay (1) - Killeen Carried Tree Ordinance - Report Alderperson Booth reported that the committee has drafted a Tree Ordinance and it has been referred to the Board of Public Works for a final review. He expects that the Board will act on it at its meeting of June 14th and it should be back to the Council for its action at the July meeting. He informed the Council that the ordinance deals with trees on public property only. BUDGET AND ADMINISTRATION COMMITTEE: * 15.1 Building Inspector III Position By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That William Kaupe be appointed to the position of Building Inspector III at an annual salary of $22,378, which is Grade 27, Step 3 on the C.S.E.A. Administrative Unit Compensation Plan, effective June 5, 1989. Carried Unanimously * 15.2 Evaluation of City Owned Property By Alderperson Schlather: Seconded by Alderperson Johnson RESOLVED, That the City enter into a contract with Charles W. Barber, in an amount not to exceed $3,000, to provide Step II of 0 'r 1i 15 June 7, 1989 a comprehensive evaluation of City owned property and its existing use, and be it further RESOLVED, That $3,000 be transferred from Account A 1990, Unrestricted Contingency, to Public Works Administration Account A1490 -430 for said purpose. Carried Unanimously * 15.3 Engineering Department Employment of Summer Students By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That the City Engineer be authorized to hire two summer students under the Cornell Tradition Program to assist his staff in the performance of its extensive 1989 work program, and be it further RESOLVED, That $4,000 be transferred from line item A1440 -100 Staff Salaries, to line item A 1440 -435, Contractual Services, for the purpose of implementing said program. Carried Unanimously -n� * 15.4 Rehabilitation of Water Tanks By Alderperson Schlather: Seconded by Alderperson Booth WHEREAS, additional funds are required to award contracts for the painting of the Maple Avenue and Cliff Park Water Tanks; now, therefore, be it RESOLVED, That $40,000 be transferred from F8341 -435 Transmission and Distribution Maintenance to F8344 -475, Maintenance of Standpipes. Carried Unanimously * 15.6 Budget Amendment - GIAC Summer Program By Alderperson Schlather: Seconded by Alderperson Cummings (4000.1 WHEREAS, GIAC has received $2,500 from the Ithaca City School District, and expects to receive an additional $2,500 from Cornell University to fund a summer education program; now, therefore, be it RESOLVED, That the 1989 Budget for GIAC Programming be amended by increasing Account A7311 -445 by $1,500 and Account A7311 -460 by $3,500, contingent upon the receipt of said funds, and be it further RESOLVED, That 1989 estimated revenue be amended by increasing Account A2350 by $2,500 and Account A2705 by $2,500 respectively. Carried Unanimously Cass Park Second Ice Rink - Report Alderperson Schlather reported that the Budget and Administration Committee is negotiating with the Youth Hockey Association. The association is making a proposal whereby they would give to the City $500,000 to be applied toward the purchase of the rink. The City would build and finance the rink. The rink would cost approximately $1.1 million and the City would end up operating it under their own terms with input from the Youth Hockey Association. There should be a resolution for the Council to act on at the July meeting. * 15 .9 Center Ithaca Expansion Substitute Resolution By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That Common Council hereby authorizes the proposed expansion of retail space of Center Ithaca contingent upon 1) all approval associated with the building permit process; 2) retirement of the City's first mortgage in the land under the Green Street Garage now owned by G &M Associates (such retirement to occur before a I (), 1 16 June 7, 1989 building permit is issued for the above noted expansion); and 3) execution of a modification and acknowledgement instrument by the mortgagor in the Center Ithaca Building, Ithaca Center Associates, in a form approved by the City Attorney which clarifies the City's rights under the existing mortgages. Discussion followed on the floor. Alderperson Schlather explained that the Budget and Administration Committee looked at this from two perspectives. He stated that the committee felt that this would only serve to enhance the City's position financially in this particular project. The City will get their first mortgage paid off, which is important and in terms of the viability of the project, this would enhance the viability financially and thereby lend greater assurance that the City will eventually collect in full on our second and third mortgages which we presently hold on the site. Thus, from a fiscal standpoint and a planning standpoint the committee felt the project made sense. Further discussion followed on the floor regarding the project and the role that the Planning Board's decision - making process will have in the matter. City Attorney Nash referred to and read from the contract with the Center Ithaca Associates. Planning and Development Director Van Cort answered questions from Council members. A vote on the resolution resulted as follows: Ayes (8) - Schlather, Romanows:;i, Cummings, Johnson, Lytel, Peterson, Hoffman, Killeen Nays (2) - Booth, Nichols Carried Permanent Shelter for Homeless Persons - Report Alderperson Schlather reported that this matter was tabled at the Budget and Administration Committee. Since the committee meeting he has spoken with Stuart Stein and Alderperson Lytel has spoken with Mary Call and it is going to be considered by the County at their meeting in June and the hope is that the County will either fund the entire $3,000 or at least fund a portion of that. Discussion followed on the floor on the report. Alderperson Schlather asked Alderperson Cummings to put Resolution 17.7, Shelter for Homeless on the floor. PLANNING AND DEVELOPMENT COMMITTEE: * 17.7 Shelter for Homeless By Alderperson Cummings: Seconded by Alderperson Schlather WHEREAS, Tompkins County has primary responsibility for supplying social services to the homeless, and WHEREAS, a serious problem of homelessness now exists in the city and the County, and WHEREAS, the South Side Center has been fulfilling an important role in housing homeless people during the months of inclement weather, and WHEREAS, by this resolution the City does not intend to substitute its own resources for that of the County in providing services to the homeless; now, therefore, be it RESOLVED, That the Planning and Development Department is directed to prepare a proposal or proposals to appropriate funding agencies for money to establish a year -round permanent shelter for homeless persons living in the Ithaca area. In doing J 17 17 June 7, 1989 so the department shall work in cooperation with Tompkins County and other involved agencies, and be it further RESOLVED, That funds up to $3,000 be taken from unrestricted contingency and added to the 1989 Planning Department budget for this purpose. Discussion followed on the floor. Alderperson Schlather remarked that when this was presented to the Budget and Administration Committee the details were sketchy and the County had not been approached. The County has now been approached and has indicated a serious interest in participating and perhaps paying this entire cost which mitigates against action tonight. Alderperson Lytel argued that time is running out and we must get started on solving this problem without further delayy. Work that hathio Evans is doing is investigatory_ work leadinU to a cos ible apI)li_cation to the State Tabling Motion for money for a ne« shelter. 'I'lle 3,000 does not buy the City a t_ ,t com�letecl ap lication, addecl at the 7/5/89 meeting) (11 By Alderperson Schlather: econded by Alderperson Hoffman RESOLVED, That the resolution regarding Shelter for Homeless Persons be tabled. �j Ayes (3) - Schlather, Hoffman, Romanowski �-4 Nays (7) - Cummings, Peterson, Nichols, Lytel, Johnson, Killeen, Booth Motion Fails Main Motion Further discussion followed on the floor on the Main Motion. A vote on the Main Motion resulted as follows: (�Iwoe Ayes (8) - Lytel, Cummings, Nichols, Johnson, Booth, Killeen, Peterson, Hoffman Nays (2) - Schlather, Romanowski Carried BUDGET AND ADMINISTRATION COMMITTEE: * 15.12 Funding for United Arts Fund By Alderperson Schlather: Seconded by Alderperson Johnson RESOLVED, That $5,000 originally budgeted as a contribution to the Tompkins County Arts Council, be hereby appropriated to the United Arts Fund for distribution to various art organizations. Carried Unanimously * 15.13 Health Insurance - Charge to Retirees and Employees on Leave By Alderperson Schlather: Seconded by Alderperson Killeen WHEREAS, the 1989 -90 estimated cost of the City's Health Insurance, as projected by Blue Cross /Blue Shield has been increased by 19.6 %, and WHEREAS, the interim rate established by Common Council July 6, 1988 did not reflect the total estimated increase for 1988 -89, thereby postponing 25% of the then 51% increase, and WHEREAS, the total impending increase is 44.6% inclusive; now, therefore, be it RESOLVED, That revised interim rates be established for retirees and those employees on a leave of absence at 25% above the existing 1988 -89 rates. Discussion followed on the floor. Alderpersons Killeen and Romanowski asked if something could be done to make this increase less severe on the retirees. Alderperson Schlather explained that last year the rate increase should have been 51% and the City decided to do it in a two step process - 25% last year and 26% this year. The increase for this year was 19.6% so that now if we were to catch up to the rate 18 18 June 7, 1989 that it should be it would be a 44% increase. The recommendation from the Budget and Administration Committee was not to go a full 44% but simply go to the 25 %. The idea is to phase in the rate increase. City Controller Cafferillo answered questions from Council regarding the increase. Amending Resolution By Alderperson Killeen: Seco RESOLVED, That the revised retirees and those employees the existing 1988 -89 rates. nded by Alderperson Schlather interim rates be established for on a leave of absence at 22% above Carried Unanimously Main Motion as Amended A Vote on the Main Motion as Amended resulted as follows: Carried Unanimously * 15.14 Fire Department Position - Volunteer Coordinator By Alderperson Schlather: Seconded by Alderperson Johnson RESOLVED, That the position of Volunteer Coordinator be placed in the CSEA Administrative Unit at Grade 22 of the 1989 Compensation Plan (40 hours), and be it further RESOLVED, That said position is position with a salary of $8,469 Civil Service Commission. a twenty (20) hour per week to $10,753, as approved by the Carried Unanimously * 15.15 Fire Department Position - Municipal Training Officer By Alderperson Schlather: Seconded by Alderperson Hoffman RESOLVED, That the position of Municipal Training Officer be established on the Managerial Compensation Plan for those not covered by a Bargaining Unit, at a salary range for $28,710 to $42,496, as approved by the Civil Service Commission. Carried Unanimously * 15.16 Audit By Alderperson Schlather: Seconded by Alderperson Johnson RESOLVED, That the bills presented, as listed on Audit Abstract #10/1989, in the total amount of $30,824.97, be approved for payment. Carried Unanimously * 15.17 City Controller Appointment By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That Dominick R. Cafferillo be appointed to the position of City Controller at a starting salary of $55,632.00, effective May 29, 1989. Carried Unanimously Mr. Cafferillo took the oath of office and was sworn in by City Clerk Paolangeli. * 15.5 Increased Authorization - Stewart Avenue Bridge By Alderperson Schlather: Seconded by Alderperson Killeen WHEREAS, the current authorization for the reconstruction and painting of the Stewart Avenue Bridge is $500,000, and the lowest bid received was in excess of said authorization, and WHEREAS, the City Engineer and Board of Public Works have recommended a reduction in the scope of work, by deleting the cost of painting said bridge at this point in time, and WHEREAS, the amended cost of reconstruction only, inclusive of engineering supervision and contingencies is estimated to be $530,000; now, therefore, be it 19 June 7, 1989 RESOLVED, That Capital Project #219 Reconstruction of the Stewart Avenue Bridge, be increased from $500,000 to $530,000, and that the amended financing plan be established as follows: State Aid $100,000 Bond Anticipation Notes $430,000 Total $5301000 Alderperson Schlather explained that the City Attorney has recommended that this project be re -bid. Notwithstanding that recommendation, the Board of Public Works passed on the project, recommended award of a revised bid to the lowest bidder on this particular component, sent it on to the Budget and Administration Committee, and approved the project contingent upon Common Council's approval. a City Attorney Nash explained his reasons for the recommendation that he has made on this matter. He stated that the original �.� contract was for $650,000 and we were looking at a change of approximately $160,000 in that contract, which is something on the order of 30 %. He stated that is a fairly large change in a contract; usually change orders are minor. The rationale is that you are supposed to bid it so that you can get the lowest price for the project and if you make a substantial change in it, it becomes difficult to verify whether or not you have received the lowest bid for the modified project. Further discussion followed on the floor. City Engineer Gray answered questions from the Council regarding the project and the contract. He remarked that the bridge has been downgraded from a 20 ton bridge to a 13 ton bridge within the last year. Fire Chief Olmstead remarked that none of the fire fighting apparatus can cross that bridge at this time. Alderperson Schlather asked City Attorney Nash what would happen if the City were to determine that emergency measures compelled repair of the bridge. Could some of these re- bidding risks be eliminated by a making a finding that there is an emergency? City Attorney Nash read from the Municipal Law regarding an emergency situation and stated that if there is a threat to the life and health safety of a property or the inhabitants of the City of Ithaca that requires immediate action, and we cannot wait for competitive bidding, the appropriate officer, board, or agency can go forward. Alderperson Nichols left the meeting at 10:55 p.m. Amending Resolution By Alderperson Schlather: Seconded by Alderperson Killeen RESOLVED, That there be a fourth WHEREAS added to the resolution to read as follows: "WHEREAS, for life, health and safety reasons including full access for fire protection to the Cornell Heights portion of the City it is imperative to reconstruct this bridge in 1989 which reconstruction would not be possible if this project were required to be re -bid; and that a new first RESOLVED, be added to read as follows: "RESOLVED, That to the extent that re- bidding may be necessary for this project, then the same be waived because of the emergency nature of this reconstruction, and be it further, etc." A vote on the amendment resulted as follows: Carried (9 -0) 20 20 June 7, 1989 Main Motion as Amended The Main Motion as Amended reads as follows: WHEREAS, the current authorization for the reconstruction and painting of the Stewart Avenue Bridge is $500,000, and the lowest bid received was in excess of said authorization, and WHEREAS, the City Engineer and Board of Public Works have recommended a reduction in the scope of work, by deleting the cost of painting said bridge at this point in time, and WHEREAS, the amended cost of reconstruction only, inclusive of engineering supervision and contingencies is estimated to be $530,000, and WHEREAS, for life, health and safety reasons including full access for fire protection to the Cornell Heights portion of the City it is imperative to reconstruct this bridge in 1989, which reconstruction would not be possible if this project were required to be re -bid; now, therefore, be it RESOLVED, That to the extent that re- bidding may be necessary for this project, then the same be waived because of the emergency nature of this reconstruction, and be it further RESOLVED, That Capital Project #219 Reconstruction of the Stewart Avenue Bridge, be increased from $500,000 to $530,000, and that the amended financing plan be established as follows: State Aid $100,000 Bond Anticipation Notes $430,000 Total $530,000 A vote on the Main Motion as Amended resulted as follows: Carried (9 -0) HUMAN SERVICES COMMITTEE: County /City Youth Bureau - Report Alderperson Peterson reported that the meetings with the County regarding the County /City Youth Bureau have been ongoing. This subcommittee has been charged to try to come up with some idea of how the City can best more efficiently serve the youth in the community and the rest of the County. The sub - committee is in the process of writing a resolution that will go to the County Board and the City Council. Alderperson Booth stated for the clarification that what the new committee is talking about will not deal with recreation services. It deals with only youth development and recreational mainstreaming. Alderperson Peterson said that what the City wants to make clear to the County is that recreational fees will still be at a triple rate or whatever the City sets. Towards a Permanent Homeless Shelter - Report Alderperson Peterson asked if any Council member has anything to add after the items that were on the agenda under the Budget and Administration and Planning and Development Committees. Alderperson Lytel stated that there is going to be a request for the Human Services Committee to consider which will then go to the Budget and Administration Committee for a very sizeable amount of money to run the shelter for next year; Southside is asking for staff support. It is going to be a difficult decision that is going to need to be made by the August meeting of Council. 21 21 June 7, 1989 Letter from Homes, Inc. - Report Alderperson Peterson referred to a letter from Homes, Inc. to John Grover, Office of Shelter and Supported Housing Development, that she had handed out to Council members before the meeting. She stated that the letter is a draft that she and the Director of Homes, Inc. worked up. Alderperson Peterson stated that she thinks it is in a form that is appropriate. She asked that it be (Ww'e, re -typed on City letterhead. Resolution By Alderperson Peterson: Seconded by Alderperson Killeen RESOLVED, That this Common Council approves this letter and that it be re -typed on Mayor Gutenberger's letterhead, with the notation that the letter has been approved by the entire Common Council. Carried (9 -0) PLANNING AND DEVELOPMENT COMMITTEE: *17.1 Van Natta Dam RFP - Developer Selection Committee �t By Alderperson Cummings: Seconded by Alderperson Killeen WHEREAS, Common Council has authorized the preparation of a Request For Proposals for development of the Van Natta Dam Hydroelectric Project by private entities, and WHEREAS, the Request For Proposals has been prepared, advertised and distributed, and WHEREAS, the deadline for responses to said RFP is July 14, 1989; now, therefore, be it RESOLVED, That a Developer Selection Committee be established to review responses to the RFP and recommended a preferred developer, and be it further RESOLVED, That such committee be composed of representatives from the following: Hydropower Commission Board of Public Works City Engineer's Office City Planning Department Controller's Office Common Council (2 members) Six Mile Creek Overseer Committee Discussion followed on the floor on the composition of the committee. Alderpersons Hoffman and Nichols were appointed to serve as representatives from Common Council. A vote on the resolution resulted as follows: Carried (9-0) Ithaca Industrial Park - Evaluation of Rent /Buy -out Charge - Report Alderperson Cummings reported that the matter has been discussed at the Committee and at Urban Renewal Agency meetings. The (4wool Committee will bring a recommendation to the Council at the July meeting. *•17.3 Central Business District Historic Resources Survey - CLG Subgrant Proposal By Alderperson Cummings: Seconded by Alderperson Peterson WHEREAS, the City of Ithaca has been designated a Certified Local Government by the New York State office of Parks, Recreation and Historic Preservation, and WHEREAS, ten percent (10 %) of funds allocated to New York State for preservation activities are made available exclusively to Certified Local Governments on a competitive basis, and 29 R1 N 22 June 7, 1989 WHEREAS, Ithaca 's downtown core is vulnerable to redevelopment pressure, particularly after the three recent fires which have damaged and destroyed four historic buildings, and WHEREAS, at the meeting held April 25, 1989, the Board of Planning and Development requested that the Ithaca Landmarks Preservation Commission explore the viability of a downtown historic district; now, therefore, be it RESOLVED, That the Common Council hereby authorizes the Director of Planning and Development to submit to the New York State Office of parks, Recreation and Historic Preservation an application for funding to conduct an historic and architectural resources survey of the downtown area, with the City's share of the cost to be matched with funds already allocated to the Department of Planning and Development. Alderperson Cummmings gave background information on the resolution. A vote on the resolution resulted as follows: Carried (9 -0) * 17.8 R -2c Zoning By Alderperson Cummings: Seconded by Alderperson Killeen RESOLUTION OF COMMON COUNCIL INTRODUCING PROPOSED CHANGES TO THE ZONING ORDINANCE AND PROVIDING FOR PUBLIC NOTICE AND PUBLIC HEARING RESOLVED, That Ordinance Number 89 - entitled "An Ordinance Amending Sections 30.3, 30.21, 30.25 AND 30.26 of Chapter 30 Entitled 'Zoning' of the City of Ithaca Municipal Code" be and it hereby is introduced before the Common Council of the City of Ithaca, New York, and be it further RESOLVED, That the Common Council shall hold a public hearing in the matter of the adoption of the aforesaid ordinance to be held at the Common Council Chambers, City Hall, 108 East Green Street, Ithaca, New York on Wednesday July 5, 1989 at 7:00 p.m., and be it further RESOLVED, That the City Clerk give notice of such public hearing by the publication of a notice in the official newspaper, specifying the time when and the place where such public hearing will be held, and in general terms describing the proposed ordinance. Such notice shall be published once at least fifteen days prior to the public hearing, and be it further RESOLVED, That the City Clerk shall transmit forthwith to the Board of Planning and Development and the Tompkins County Planning Board a true and exact copy of the proposed ordinance for its report thereon. ORDINANCE NO. 89 - AN ORDINANCE AMENDING SECTIONS 30.3 30.21 30.25 AND 30.26 OF CHAPTER 30 ENTITLED 'ZONING' OF THE CITY OF ITHACA MUNICIPAL CODE. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, New York as follows: SECTION 1. AMENDING SECTION 30.3, DEFINITIONS. 1. That the definition for "Dwelling, one - family" shall be amended to read as follows: 23 June 7, 1989 "'Dwelling, one - family' shall mean a dwelling unit occupied exclusively for residential purposes by an individual or family and not more than one (1) unrelated individual, or a functional family unit. In the R -1 zones, occupancy by an individual or a family plus not more than two (2) unrelated individuals is permitted if the dwelling is owner - occupied. In the R -2 and R -3 zones, occupancy be an individual or a family plus not more than two (2) unrelated individuals is permitted. A one- family dwelling may be constructed in any of the following configurations, as permitted in specific zoning districts: A. One - family dwelling, detached - A building containing not more than one dwelling unit. B. One - family dwelling, detached, zero lot line - A building containing not more than one dwelling unit which is sited so that the side of the building is on aj or near the side property line of the parcel on which r it is built. C. One - family dwelling, semi - detached - A building containing not more than two one - family dwellings, each of which shares a single common wall or other common structural elements with the other dwelling unit in the building. D. One - family dwelling, attached - A building containing three or more one - family dwellings, each of which shares one or more common walls or structural elements with the other one - family dwellings in the building. A maximum of six (6) dwelling units may be attached to form a single building. 2. That the definition for "Dwelling, two - family ", be deleted in its entirety. SECTION 2. AMENDING SECTION 30.21, ESTABLISHMENT OF ZONING DISTRICTS. 1. That Section 30.21, Establishment of Zoning Districts, be amended to add the following new zoning district, to be inserted after the words 11R -2b Residential ": "R -2c Residential". SECTION 3. AMENDING SECTION 30.25, DISTRICT REGULATIONS 1. That Section 30.25, District Regulations Chart, be amended as follows: A. Under Column 2, Permitted Primary Uses, for the R -1 districts, change "One- family dwelling" to "One - family detached dwelling ". B. Under Column 2, Permitted Primary Uses, for the R -2 districts, change "One- family dwelling" to "One- family detached dwelling ". C. Under Column 2, Permitted Primary Uses, for the R -2 districts, change "Two- family dwelling" to "One - family semi - detached dwelling ". D. Under Column 2, Permitted Primary Uses, add the following: 11R -2c only: Single- family detached, zero -lot line "R -2c only: Single - family attached dwelling. E. Under Column 2, Permitted Primary Uses, for the R -3 districts, change "One- or two - family dwelling" to 24 24 June 7, 1989 "One- family detached, semi - detached or attached dwelling ". F. Under Column 2, Permitted Primary Uses, for the R -U district, change "One- or two - family dwelling to "One- family detached, semi - detached or attached dwelling ". G. Under Column 3, Permitted Accessory Uses, for the R -2 districts, add "3. R -2c only; Private garage for not more than six (6) cars per building." H. Under Column 6, Minimum Lot Size, Area in Square Feet and Column 7, Minimum Lot Size, Width in Feet at Street Line, change all references to "One- family dwelling" to "One- family detached dwelling" and all references to "Two- family dwelling" to "One- family semi - detached dwelling ". I. Under Column 6, Minimum Lot Size, Area in Square Feet, add under the subdistrict heading 1IR -2c": "1. One - family detached: 2500 for the first legal occupant, plus 500 for each additional legal occupant. 2. One - family semi - detached: 2000 for the first legal occupant in each dwelling unit, plus 400 for each additional legal occupant in each dwelling unit. 3. One - family attached: 1500 for the first legal occupant in each dwelling unit, plus 300 for each additional legal occupant in each dwelling unit, plus 500 for each additional legal occupant in each dwelling unit in excess of five (5) legal occupants. 4. Other uses: 4000 J. Under Column 7, Minimum Lot Size, Width in Feet at Street Line, add under the subdistrict heading "R- 2c": 1. One - family detached: 40 2. One- family semi - detached: 50 3. One - family attached: 50 4. Other uses: 40 K. Under Column 8, Maximum Building Height, Number of Stories, add under the subdistrict heading "R -2c": n3n. L. Under Column 9, Maximum Building Height, Height in Feet, add under the subdistrict heading "R -2c": "35 ". M. Under Column 10, Maximum Percent Lot Coverage By Buildings, add under the subdistrict heading: "R -2c": 1. One - family detached: 35 2. One - family semi - detached: 40 3. One - family attached: 50 4. Other Uses: 35 25 June 7, 1989 N. Under Column 11, Yard Dimensions, Front, Minimum Required, add under the subdistrict heading "R -2c ": 111011. 0. Under Column 12, Yard Dimensions, Side, One Side at Least, add under the subdistrict heading "R -2c ": 1. One - family detached: 10 2. One - family detached, zero lot line: 15 3. One - family semi- detached, unattached sides only: 10 SECTION 4. AMENDING SECTION 30.26, STANDARDS FOR SPECIAL CONDITIONS AND SPECIAL PERMITS. 1. That Section 30.26(B), Special Conditions, Group Care Residence, be amended by adding the following under 113. Density controls at individual facility level:" DISTRICT R -2c TOTAL AREA IN SQUARE FEET 3, 0 0 0 f o r first 6 residents + 1,000 for each add'1 resident WIDTH IN FEET AT STREET LINE 40 SIDE YARDS 10 - 10 MAXIMUM NUMBER OF RESIDENTS 10 4. One - family attached, unattached sides only: 10 P. Under Column 13, Yard Dimensions, Side, Other Side at Least, add under the subdistrict heading 11R -2c ": 1. One - family detached: 5 2. One - family detached, zero -lot line: 0 3. One - family detached, zero- lot line, on side abutting a non - zero -lot line building: 5 4. One - family semi - detached, attached sides: 0 5. One - family attached, attached sides: 0 Q. Under Column 14, Yard Dimensions, Rear, Percent of Depth, add under the subdistrict heading "R -2c ": "25 ". R. Under Column 15, Yard Dimensions, Rear, Maximum Required in Feet, add under the subdistrict heading "R -2c": 1150 ". SECTION 4. AMENDING SECTION 30.26, STANDARDS FOR SPECIAL CONDITIONS AND SPECIAL PERMITS. 1. That Section 30.26(B), Special Conditions, Group Care Residence, be amended by adding the following under 113. Density controls at individual facility level:" DISTRICT R -2c TOTAL AREA IN SQUARE FEET 3, 0 0 0 f o r first 6 residents + 1,000 for each add'1 resident WIDTH IN FEET AT STREET LINE 40 SIDE YARDS 10 - 10 MAXIMUM NUMBER OF RESIDENTS 10 26 26 June 7, 1989 2. That Section 30.26(C), Special Permits, be amended by adding the following under Paragraph 4 (iv) after the label "R -2b ": "R -2c ". SECTION 5. EFFECTIVE DATE. This ordinance shall take effect immediately and in accordance with law upon publication of a notice as provided in Section 3.11(B) of the Ithaca City Charter. Resolution to Refer to Committee By Alderperson Romanowski: Seconded by Alderperson Killeen RESOLVED, That the matter of an Ordinance amending Sections 30.3, 30.21, 30.25 and 30.26 of Chapter 30 entitled 'Zoning' of the City of Ithaca Municipal Code be referred back to the Planning and Development Committee for review. Carried (9 -0) INTERGOVERNMENTAL RELATIONS COMMITTEE: *18.1 Resolution of Extension for Purchase of City Hall Annex By Alderperson Cummings: Seconded by Alderperson Peterson RESOLVED, That the following amendments be made to the purchase agreement of December 8, 1988 with Charles Schlough for the sale of the City Hall Annex building: (a) Paragraph III of the Purchase Offer is deleted in its entirety; (b) Paragraph X is deleted in its entirety and there is substituted therefor the following: "At closing Seller shall deliver to Buyer a Warranty Deed for the consideration stated hereinabove, sufficient to convey good marketable title in fee simple, free and clear of all liens and encumbrances except as stated herein. The closing shall take place in Ithaca, New York, on or before December 31, 1989." "As and for liquidated damages for Buyer's failure to close pursuant to the Purchase Offer on or by June 8, 1989, Buyer shall pay to Seller at closing a sum equal to Seventy and No /100 Dollars ($70.00) multiplied by the number of days following June 8, 1989 that the closing actually occurs. In addition, Buyer shall forfeit the $5,000.00 deposit paid pursuant to Paragraph II -A in the event closing does not occur on or by December 31, 1989."; (c) Paragraph add the f( "The preceding which occurs as a foreclosure or a deed XII -8 of said Purchase Offer is amended to allowing language thereto: shall not apply to an involuntary transfer matter of law pursuant to a mortgage in lieu of foreclosure." Carried (9 -0) Correction of May 3, 1989 Common Council Minutes in Reference to the Resolution for Extension for Purchase of City Hall Annex By Alderperson Hoffman: Seconded by Alderperson Booth RESOLVED, That the May 3, 1989 Common Council Minutes (page 25) under (c) be corrected to read as follows: "Paragraph XII -8 of said Purchase Offer is amended to add the following language thereto: 'The preceding shall not apply to an involuntary transfer which occurs as a matter of law pursuant to a mortgage foreclosure or a deed in lieu of foreclosure. "' Carried (9 -0) ry ;JI 27 June 7, 1989 UNFINISHED AND MISCELLANEOUS BUSINESS: Cystic Fibrosis Fund Raiser Alderperson Cummings reported on a phone call she has received from an agency in Syracuse organizing fund raising events for Cystic Fibrosis which involves jailing and hostage- taking, etc. and she wondered what the City's approach is to this type of fund raiser. Mayor Gutenberger replied that the Mayor's Office receives many of those types of calls from organizations and the standard answer is that they will not participate in this type of fund raiser and that the community is very sensitive to the type of fund raiser that involves hostage taking, jailing, and paying ransom. NEW BUSINESS• Televising of Common Council Meetings Pt; Alderperson Lytel reported that this evening is the first Common �! Council meeting that is being cable -cast directly as a result of "i the City's new cable franchise. He spoke on the lighting that is required to have the meetings televised. Discussion followed on the floor on the energy aspect of the lighting system in question. Resolution to Refer to th, By Alderperson Cummings: RESOLVED, That the matter the cable - casting of the the Department of Public the Common Council at its Department of Public Works Seconded by Alderperson Johnson of lighting Common Council Chambers for Common Council meetings be referred to Works for review and a report back to July meeting. Carried (9 -0) (600", "Housing Now!" By Alderperson Killeen: Seconded by Alderperson Johnson WHEREAS, three items (15.11, 16.2, 17.7) on this Agenda are concerned with Homeless Housing, and WHEREAS, this focus is indicative of this Council's recognition of the community crisis in available, affordable housing for many sectors of the public, including the homeless, and WHEREAS, a local effort spearheaded by the Homeless Task Force is now underway to stimulate participation in a developing national program - "Housing Now! ", and WHEREAS, this Council's encouragement of local, grass -roots involvement in "Housing Now!" is consistent with and beneficial to the attack on Ithaca's housing crisis; now, therefore, be it RESOLVED, That this Common Council urges support for the "Housing Now!" effort being organized by the Homeless Task Force, and be it further RESOLVED, That the Homeless Task Force is invited to report to this Common Council at its September meeting (9/6/89) on the (40� local progress of "Housing Now! ", and be it further RESOLVED, That this matter is referred to the Human Services Committee for their consideration and possible additional enhancement. Carried (9 -0) August Common Council Meeting Time By Alderperson Schlather: Seconded by Alderperson Johnson RESOLVED, That due to the Empire State Games the August meeting of Common Council will be held on Tuesday, August 1, 1989. Carried (9 -0) M Adjournment On a motion the meeting adjourned at 11:3 Callista F. Paolangeli v City Clerk . June 7, 1989